Austria: Operator of a Discotheque not Liable for slippery Wet Dancing Floor

In a recenty published decision (2 Ob 87/07v of 15. Nov. 2007) Austrian Supreme Court (OGH) confirmed the lower instances’ view that the operator of a discotheque has no obligation to constantly check the dancing floor for wet or slippery spots or pieces of broken glass.Plaintiff was injured when falling on a piece of broken glass after slipping on the wet dancing floor. OGH held that it was an obvious risk that visitors may break glasses and pour liquids on the dancing floor; it was therefore up to each visitor to exercise reasonable care. OGH upheld the lower instances’ decisons and dismissed plaintiff’s appeal.Decision in German language available here.

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