Shopping Centre Cleaning Case – Is My Cleaning System Reasonable?

Shopping Centre Cleaning Case – Is My Cleaning System Reasonable? Judgment date: 23 August 2010

Arabi v Glad Cleaning Service Pty Limited (2010) NSWCA 208

New South Wales Court of Appeal¹

In Brief

• An occupier of commercial premises owes a duty to take reasonable care to avoid a foreseeable risk of injury to a lawful entrant who is using reasonable care for his or her own safety.
• The question of whether a proper system of cleaning and inspection is in place must be considered in light of s 5B(1)(c) and s 5B(2) of the Civil Liability Act 2002 (the Act) amongst other relevant things. In this regard, the plaintiff carries the burden of proving that a defendant failed to take such precautions against a risk of harm to the plaintiff as in the circumstances a reasonable person in the position of the defendant would have taken.