Public Liability
As an occupier you are responsible for the safety of all who enter your practice.
As a practice owner it is your legal obligation to protect your patients and visitors from harm that could occur on your premises. This duty of care extends to all foreseeable risks. Courts have ruled as “foreseeable” some chains of events that might at first glance appear quite unrelated and unpredictable.
Child’s play!
Children are attracted to all manner of things, especially to colour and movement. A fish tank in the waiting room is a prime example of an irresistible attraction. It is foreseeable that an excited child might bring a tank, or other equally ‘interesting’ objects, crashing down.
Let there be light
If you see patients outside daylight hours, the perimeter of the premises, walkways etc. must be adequately lit. Such lighting also serves the external security function of deterring trespassers.
On an even footing
A pothole, loose stones or cracked paving in the car park are obvious dangers – especially if the people coming to the practice are by reason of their condition less than usually steady on their feet or at risk of exacerbating an injury. Car parks and the property perimeter bring other hazards: overgrown shrubbery can interrupt drivers’ line of sight.
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On the level
A change in level or grip between two surfaces can easily go unnoticed until it’s too late. Where it is not possible to smooth out the surface, a change in the floor surface should be made apparant to those walking by providing signage. Similarly, frayed mats are a danger: invest in good-quality, non-slip replacements.
Glass: handle with care
Large expanses of clear glass can escape the attention of a distracted pedestrian. Could someone mistake the window for the door?
Due diligence
Your good intentions as an occupier are best expressed in a thorough (and regular) regime of inspection and remediation. Create checklists of potential internal and external dangers. Insist that deficiencies are actioned immediately.
Grey areas
Commercial leases usually stipulate the area that is under your control and for which you are required to insure against public liability claims. In the case of an area to which you and your patients have access in common with other tenants you may need the liability issues clarified.
The not-so-great escape!
As an occupier, you are responsible for substances that escape your property: neighbours can sue if they are harmed by the release of water, smoke, fumes etc. Dangerous material demands extreme levels of caution.
Regular checks of public areas and taking action to address the risks identified is prudent for any business with patients or the public visiting the premises.
Every person at the practice can contribute to ensuring a safe premises for all.
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