Customer Toilets

[locutus]

Random, I know.

I have seen a space to rent, but the toilets are downstairs in the basement. The stairs to the basement are steep and concrete.

I'm concerned about customers falling down the stairs, and hurting themselves. The current tenants have had that problem previously, but the people who use the space are mainly infirm/elderly.

My customers would generally be abled bodied. However, the unit I'm interested in is inside of a shopping centre, and they have much better toilets, but that would take a couple of minutes to get to them, and they're not on the groundfloor either - they would have to go outside proper, then inside, upstairs using the lift, stairs or escalator.

Customers using the toilet is an important part of the business model. The last thing I want is a compensation claim from a customer saying as a result of them falling down the stairs. Am I being paranoid, or is this a reasonable concern?

 

[kulture]

I have no idea what business you are proposing that has toilets as an important part of the model. I dread to think. But irrespective of this, if you need a specific function or location in your business, then you need to provide a reasonable access to it for disabled people.

there are exceptions if you are already established and there are things you just cannot do with the property to help. But a new business has to consider these matters before taking on a new unit.

 

[locutus]

It's a cafe, so that's why it's an important part of the business model. The centre has disabled toilets.

It's cost prohibitive to install toilets up into the main floor of the unit I'm interested in.

 

[prophet01]

@locutus

The last thing I want is a compensation claim from a customer saying as a result of them falling down the stairs. Am I being paranoid, or is this a reasonable concern?

No you're not and it is a reasonable concern.

Whilst you can't prevent anyone from making a compensation claim you can mitigate the risk of a claim succeeding by being able to demonstrate that you've done everything reasonbly practicable to reduce any likelihood of injury. You achieve this by undertaking a risk assessment to identify hazards and then implementing mitigation measures e.g.

• ensure sufficiency of lighting
  
• ensure adequacy of handrails
• ensure surfaces are sufficiently slip resistant
  
• ensure edges are clearly indicated
• enure there are no obstructions or trip hazards
• ensure customers are aware of the potentially hazardous stairs and that there is an alternative (clearly visible notices)

Even better if you pay for a qualified health and safety professional to undertake the risk assessment, implement their recommendations and retain all documentation to demonstrate your actions.

 

[Mark T Jones]

@prophet01 has covered it from a legal/technical perspective.

You also need to consider the desirability of your location if the facilities are inaccessible.

 

[Darren_Ssc]

You also need to consider the desirability of your location if the facilities are inaccessible.

It is well known that MacDonald's toilets are accessible and cleaned regularly. You may not see this being promoted on expensive adverts but it is a selling point nonetheless.

 

[Frank the Insurance guy]

@locutus


No you're not and it is a reasonable concern.

Whilst you can't prevent anyone from making a compensation claim you can mitigate the risk of a claim succeeding by being able to demonstrate that you've done everything reasonbly practicable to reduce any likelihood of injury. You achieve this by undertaking a risk assessment to identify hazards and then implementing mitigation measures e.g.

• ensure sufficiency of lighting
  
• ensure adequacy of handrails
• ensure surfaces are sufficiently slip resistant
  
• ensure edges are clearly indicated
• enure there are no obstructions or trip hazards
• ensure customers are aware of the potentially hazardous stairs and that there is an alternative (clearly visible notices)

Even better if you pay for a qualified health and safety professional to undertake the risk assessment, implement their recommendations and retain all documentation to demonstrate your actions.

As @prophet01 says - I would start with a risk assesment. If you are not confident, I would suggest on getting a health & safety professional to do this for you. This would give you confidence that you have done the best that you could reasonably do.

Should the worst happen, make sure you have a suitable insurance policy in place, which includes Public Liability policy - the moment an incident happens or allegations are made that someone has suffered an injury which you caused, your insurers would step in and defend the business, paying all defence and legal costs - if you are found to be at fault they will pay the claimant's damages.

 

[Paul Norman]

If you are running a cafe and cannot offer accessible toilets you are right to be concerned. It is a red line issue.

And regardless of that issue, you need to do a risk analysis of those stairs. Anyone could take a tumble on them, and you would very probably be at risk. If you took a dive using the lav at a cafe, how would you feel about the place?

 

[Vin Gupta]

Random, I know.

I have seen a space to rent, but the toilets are downstairs in the basement. The stairs to the basement are steep and concrete.

I'm concerned about customers falling down the stairs, and hurting themselves. The current tenants have had that problem previously, but the people who use the space are mainly infirm/elderly.

My customers would generally be abled bodied. However, the unit I'm interested in is inside of a shopping centre, and they have much better toilets, but that would take a couple of minutes to get to them, and they're not on the groundfloor either - they would have to go outside proper, then inside, upstairs using the lift, stairs or escalator.

Customers using the toilet is an important part of the business model. The last thing I want is a compensation claim from a customer saying as a result of them falling down the stairs. Am I being paranoid, or is this a reasonable concern?

It might be a red line. It depends on what your other options are

I'd also be concerned about getting sued. What if a mother needs to change her baby?

 

[prophet01]

...What if a mother needs to change her baby?

I don't think it's lawful to change your baby in a cafe willy nilly
Perhaps put it up for adoption first then give birth to a new one

 

[Vin Gupta]

I don't think it's lawful to change your baby in a cafe willy nilly
Perhaps put it up for adoption first then give birth to a new one

I didn't think of that... Apologies!