Negligence Prevention Accommodation Sector

1
Negligence Prevention Accommodation Sector

• Reducing risk
• 3 Ps policy, procedures and practices
• Special high risk circumstances
• Children, Allurement
• Water
• Security
• Food, alcohol
• Occupiers liability

2
To reduce risk

• Understand the duty of care
• Hire and train qualified staff
• Standard Operating Procedures STOPs
• Monitor or inspect
• Record
• Detect
• Test
• repair

3
Reduce risk

• Maintain facilities and equipment
• Record keep records and logs
• Inspect on a regular basis
• Repair promptly
• Test
• Establish, post and enforce rules around risky
  areas, e.g., pools and saunas

4
Reduce risk contd

• Warn be specific, label, proper directions
• Know allurements to children
• Child proof
• Surpass regulatory standards if necessary
• Medical assistance dont wait! Record
• If an agent, identify self as such
• Waivers and disclaimers

5
Reducing risk

• Security system
• Orient and train users of recreation equipment
• Safety equipment
• reasonable required, not perfection
• Not an absolute insurer

6
Policies, Procedures and Practices

• Dynamic (change oriented) and preventive
• Increases consistency, training and standards and
  reduces liability
• Risk if practices are NOT followed
• Past practice may be inadequate
• Kaizen
• Management visible commitment
• Involve outside groups, professional bodies,
  industry in setting standards

7
Areas of high risk

• Bodies of water natural or man made
• Recreation equipment
• Public areas, e.g., hotel lobbies
• Bathrooms public and guests
• Slippery, cleanliness, security
• Food Res Ipsa Loquitor
• Alcohol
• Higher risk sports and recreation

8
Food

• Canada Food and Drug Act unfit food, misleading
  labels
• B.C. Sale of Goods Act
• Cases Gee v White Spot
• McNeil v Airport Hotel - Res. Ipsa Loquitor
• Conditions
• Not brand name product
• Buyer must indicate intended use and not fit for
  that purpose
• Goods normally sold in the course of business
• Not merchantable quality
• Not obvious flaw which buyer should have seen

9
Food

• Food poisoning causes see page 181
• Case Heimler v. Calvert Caterers - typhoid

10
Smoking

• Duty to customers and employees
• Case R. v. D. cigar smoker, abusive, arrested
  under Trespasser Act
• Municipalities enact by-laws
• WCB

11
Alcohol

• Criminal code driving while impaired
• B.C. Liquour Act serving, intoxication,
  underage plus Occupier Liability
• Superior knowledge of server to recognize
  intoxification
• Case Stewart v Pettie since fellow drinkers
  (family) didnt see intoxification, pub not
  liable
• Duty to prevent intoxicated person from risky
  behaviour,

12
Alcohol

• Duty (contd) to observe and monitor
• Contract and tort violations
• Employer not vicariously liable if
• Clear instructions not followed,
• servers friend or no charge

13
Occupier liability

• Responsible for 3rd party actions
• Liability if permissive control drinking
• Social drinking host to a higher standard
• If employer serves to employees
• Case Jacobsen v. Nike
• Permitted activity increase risk bull riding
  anyone?

14
Occupier liability

• Good defense contributory negligence
• Bad defense voluntary assumption of risk
• Case Crocker v. Sundance
• voluntary assumption of risk and waiver failed
  drinker not capable of understand risk
• Contributory negligence 25 by Crocker