Accident at the shopping centre
As a lawyer I often deal with commercial activities, almost all of which now belong to large multinational groups and are located in shopping centres. As a client I happen, like most people, to shop in shopping centres. Both when I work on tenancy or business leases, and when I go there as a customer, it must be professional strain, I pay particular attention to the risks of accidents, injuries or falls by customers, intent on and perhaps distracted by shopping.
This theme was taken up by a recent interesting judgement: in a shopping centre, just outside the tills there was a bumpy area, signposted to customers of the centre, but not completely delimited and separated from the other areas of normal access for customers. A customer tripped and fell with significant leg injuries. Article 2051 of the Civil Code applies, which speaks of the liability of the ‘custodian’ of the area, i.e. either the person who is carrying out the work or the owner.
Generally speaking, if the area of the works is clearly identified and completely delimited, custody is the responsibility of the person doing the work; if, on the other hand, the area in question remains open to passage, the owner is the custodian, albeit together with the contractor.
Moreover, the fortuitous event, characterised by its unpredictability, releases the custodian from liability. It is also excluded by the conduct of the injured party. In essence, one must examine whether the conduct of the injured party alone was sufficient to cause the accident.
In the present case, the customer of the shopping centre should have been conscious of the danger, as it was clearly perceptible and visible. According to the court, therefore, her fall and the damage were caused by the customer herself, since she did not take the necessary caution and prudence, to allow her to become aware of the obvious state of the place.
When you go to the shopping centre, beware therefore, not only of discounts and promotions, but also of the maintenance work that often necessarily takes place.
last update October 2024