A Recent Summary Trial Decision Underscores the Importance of Systems of Inspection in the Retail Context

In the recent case of Rahnama v. Loblaws City Market, 2024 BCSC 2120 (linked here) the Supreme Court of British Columbia dismissed a plaintiff’s claim against a grocery store after the store successfully established that it had a reasonable system of maintenance and that the system was being followed on the day in question.

Briefly, the plaintiff alleged that she slipped and fell on a piece of muffin and suffered injuries. There was no dispute that the store was an occupier under the Occupiers Liability Act and owed a duty of care to the plaintiff as set out in the Act. 

The defence tendered evidence regarding the store’s cleaning policies which were comprehensive. The store was routinely cleaned and inspected on a daily basis. The cleaning practices involved an employee going through their respective department a minimum of one hour since the last inspection, with the goal of an inspection being completed every 30 minutes. Employees would conduct a visual inspection of their department, with a manual floor sweep and/or mop to be performed every hour or as needed.

All new employees were trained on the cleaning policies, and this included multiple training sessions on how to use the cleaning equipment and how to complete sweep logs. Managers would also frequently walk through either their respective departments or the store as a whole over the course of the day and would review the logs at the end of each week to confirm that the policy had been followed.

The Court found there was evidence that the area in which the plaintiff allegedly fell was both swept and inspected within the hour before her fall. The frequency of these inspections of the area were, in the Court’s view, reasonable. The Court found that the store had a reasonable system of maintenance, and that the system was being implemented on the day of the fall. As such, the plaintiff’s action was dismissed.

Key Takeaways: 

Recent cases arising from accidents in the retail context continue underscore the importance of have procedures and policies in place related to inspecting and maintaining their premises.

It is also very important to document efforts that have been made to ensure that the systems of inspection are being followed.

In cases where evidence of this nature exists, consideration should be given to bringing a summary trial application. Such a step can result in considerable cost savings as compared to preparing for a trial on all the issues.