A win for the cleaners – practice doesn’t require perfectionAuthor : Paul Spezza; Lilian See

General Liability

Last week the NSW Court of Appeal found in favour of a cleaning contractor in Argo Managing Agency Pty Ltd v Al Kammessy [2018] NSWCA 176.

The Court reiterated that the duty of care owed by a cleaner is to exercise reasonable care to identify and remove potential hazards, not to guarantee that all hazards would be removed. The decision is a reminder that despite there being evidence of spillage, it does not automatically follow that the cleaner has been negligent.

The Court emphasised a degree of caution needs to be exercised before placing a heavy reliance on CCTV footage and photographic evidence. The case highlights the importance of taking detailed statements from the cleaners on duty and having them give evidence about the system of work.

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