OGH on Supermarket Safety Requirements

Aug 16, 2024 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has pointed out that it is not possible to demand the elimination of all risks and hazards when assessing whether a supermarket has fulfilled its duty to ensure public safety.

The plaintiff, aged 71, was a customer in the defendant’s supermarket. As she went to the check-out, she noticed some crushed grapes lying on the floor, slipped on them and fell. The plaintiff was seriously injured in the fall.

The supermarket in the case at hand is a small store and generally not very busy. In accordance with the defendant’s instructions, two employees are to check the fruit and vegetable section every half hour to ensure that the goods are fresh and well-presented, and to remove any dirt if necessary. At the time of the accident, the section had been checked and cleaned at least once an hour. The last check before the plaintiff’s fall did not reveal any dirt on the floor.

The plaintiff was seeking damages in the amount of just under EUR 16,500.

Both the court of first instance and the court of appeal dismissed the case as the defendant could not be accused of failing to fulfil their safety obligations. The OGH upheld these decisions.

Obligations to ensure safety must not be stretched too far. Their scope depends primarily on the extent to which individuals can identify and counteract hazards. The owner of a business cannot be expected to eliminate all sources of potential danger. Also, customers can be expected to look where they are going.

Therefore, the plaintiff is not entitled to compensation.

OGH 8 Ob 63/24h (26 June 2024)