If you have an accident in (say) the USA you would need to sue to obtain compensation. In New Zealand, if a customer injures themselves they can only sue you if they can prove that you meant to harm them or you were reckless.

We recently read of a café in the USA that was successfully sued by a mother who tripped and injured herself on a pram -the pram was hers and had her baby in it and she had left the pram where she tripped on it!

Under the NZ Health and Safety in Employment Act 1992 however, employers are required to identify existing or potential hazards and to eliminate or isolate the hazards where possible.

The Act also imposes a responsibility to try and prevent harm to the public.

Recently, a large retailer was charged with failing to ensure a hazard that arose in the workplace did not harm the victim. The retailer was fined $75,000 and ordered to pay $4,000 to a customer who was injured when they tripped and fell over a box of stock that was in the aisle of the shop waiting to be put on the shelves.

The retailer had also made a $5,000 voluntary payment to the customer.

This case is a salutary reminder of business responsibilities and risks.

We recommend that you regularly review your health and safety policies and procedures. An injury to a staff member or customer could prove a costly experience.

You could also chat to your insurance broker about options for cover against such events.