Although accidents can arise due to numerous reasons, the businesses’ duty is to minimise the foreseeable risk factor. Business places that are accessible by the public should be maintained regularly to sustain safety both for the workers and visitors. If not, the business will fail to perform its legal duties. These duties are obligatory, and the business can face legal troubles if anyone sustains a personal injury due to the omission of the business.
The duty of care in the business place
Laws are simple and clear when it comes to liability. The duty of care is designed to minimise the human error factor in public accidents, and it can be fulfilled by assessing and eliminating the risk. As long as someone has access to your property, you owe the duty of care to them. It can be a swimming pool that you operate, an entertainment venue, or a restaurant. You or your services shouldn’t be the cause of an accident. For numerous reasons, the duty of care can be breached. If your business is an aquapark, the overdosage of chemicals being used for hygiene purposes can harm the visitors. On the other hand, an insufficient amount of hygiene precautions can also result in harm. To lay emphasises on, both scenarios are foreseeable by the business.
The duty of care to the workers
Numerous work-related accidents can arise. The business’s duty to its employees is to eliminate or minimise the possibilities by taking precautions and providing a safe workplace. To execute the duty correctly, the worker’s working conditions should be examined. The cause of an accident can be the workload of the worker. Without sufficient rest, the worker is more prone to make mistakes.
Among the many causes of work accidents, inadequate working conditions is the most significant one. Due to the condition of the working are, the worker can contract a disease, can slip, trip and fall or be hit by objects. Certain work equipment also poses a risk if not maintained, operated or placed correctly. In a coffee shop, much of the equipment required to sustain the work needs regular maintenance. As this equipment works at volumes, in time, it can malfunction and harm the operator. The safety of the business place is entirely under the responsibility of the business. Lack of a sufficient number of employees in the workplace may also cause problems as performing two different tasks in haste can be hard for a worker.
The obvious risk in public liability
There are occasions in which the businesses perform their tasks flawlessly, but the negligence of the visitor causes an accident. This is mostly due to the obvious risk factor. As the laws state, individuals are responsible for evaluating the potential adverse consequences of their actions which involve obvious risk. While determining liability, the obvious risk factor is to be considered, as individuals are required to act reasonably to protect themselves from risks.
To understand how the obvious risk factor makes an impact on the claim, you can inspect a reasonable individual’s actions in similar situations. As an example, if you grab a coffee and drive simultaneously, the coffee can spill over you. You can sustain burn injuries and you may not be eligible to work for a time. In this case, you are responsible for your injuries and the loss as a reasonable person wouldn’t drive and drink at the same time.
After an accident, being aware of your rights is crucially important as your loss should be recovered to prevent financial difficulties that may arise due to your post-accident physical condition.