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NEW HIGH COURT RULING ON LIABILITY FOR DAMAGE DUE TO BUSINESS INTERIOR DESIGN

THE EASTERN HIGH COURT RECENTLY RULED ON A CASE CONCERNING WHETHER A STORE WAS LIABLE FOR A CUSTOMER'S INJURY WHEN THE CUSTOMER HIT HIS HEAD AGAINST A PARTIALLY ROLLED-DOWN METAL GRILLE NEAR CLOSING TIME.

Some judgments concerning companies' liability for injuries in retail premises and the like have taken a relatively strict liability assessment. However, in this case, the Eastern High Court has found that the metal grid in question, which is driven down around closing time, could not be considered a dangerous device or for other reasons could lead to a stricter liability assessment.

The High Court did not find that there was anything in the course of events described that could be attributed to the store as causing liability. The premises of the High Court's judgment are brief, but it is easy to imagine that the court emphasized, among other things, that the partially rolled-down metal grille was visible to anyone entering or leaving the store (unless, like A, you were walking forward while looking backwards).

It can be assumed that something similar applies to customers who, for example, trip or walk into other visible and expected objects in a store, such as shelves and counters, signs, a pallet of goods at such a height that it is immediately visible, etc.

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