The plaintiff brought an occupiers’ liability action after slipping on a greasy food substance in a casino buffet restaurant.
The court considered whether the occupier breached the duty of care under s. 3(1) of the Occupiers’ Liability Act by failing to implement adequate inspection and cleaning policies.
Evidence showed that multiple staff members were responsible for monitoring and cleaning spills and that the spill causing the fall had occurred only seconds before the incident.
The court held that the inspection system was reasonable in the circumstances of a busy buffet-style restaurant and that no breach of the statutory duty of care was established.
In the alternative, the court found the plaintiff failed to prove causation because the spill occurred only moments before the fall and could not reasonably have been prevented.
