When fridges and freezers leak in a supermarket the residue can cause people to slip on the smooth floors. If you have slipped in a supermarket, the Occupiers’ Liability Act 1957 places a duty upon the supermarkets, as occupiers, to not cause you harm.
What duty does the supermarket owe?
The supermarket owes the common duty of care to anyone who enters the premises unless they restrict this. This means that the customer who enters the store will be reasonably safe to do the shopping. In addition to this, supermarkets must be aware that children are likely to be less careful than adults.
What if a sign was placed up?
If a sign was placed warning customers of the hazard then it may not mean the duty is discharged. It could possibly discharge the duty is barriers were placed around it so that customers could not walk in the area. It is all about reasonable steps.
Example : A real case was one of Ward v Tesco Stores Ltd. In this case, a person slipped on some yoghurt which had spilled onto the floor. Tesco showed that they inspected the area regularly to ensure nothing could have caused a slip. There was no evidence to show that the floor had been cleaned anytime within a considerable time before the slip. This was important as Tesco should have taken reasonable care. The court found that it was not for the person slipping on the yoghurt to show how long the yoghurt had been there for. The important factor was that it was there, and Tesco could not prove that they had taken reasonable precautions to prevent the risk. Tesco had to pay compensation.
Applying Ward v Tesco Stores Ltd
The case above is important as it shows that supermarkets need to prove that they had taken reasonable precautions to prevent the risk. They should be extremely efficient in identifying and cleaning up liquid or substances from the floor of their premises to prevent an accident. They should be maintaining their fridges and freezers to a correct standard and should not leave it to leak water onto the floor which could cause someone to slip who were doing their shopping. They are a lucrative business and the safety of their customers should be their top priority!
If you have slipped on a leaking fridge or freezer in the supermarket get in touch with The Injury Lawyers today!
