of food and beverages. The article will provide examples from Austrian case law to give an overview on what safety measures are required in the gastronomy sector in order to protect guests from harm. II. PUBLIC SAFETY A restaurant operator has a pre-contractual duty of care, independent of the conclusion of a service contract, to ensure not only the safe condition of their restaurant, but also that of the access to it. This pre-contractual obligation exists towards every visitor as a potential contractual partner.2 The host must do everything possible to maintain the safety of the business, the premises and the associated paths and areas.3 The host must exercise the usual care and attention and take the necessary precautions, although the duty of care must not be excessive and the limits of what is reasonable must be observed.4 On the other hand, the guest is also obliged to exercise normal caution and may be required to exercise increased caution in special circumstances, where protective measures cannot reasonably be expected from the restaurant operator.5 2.1. Case studies 2.1.1. Icy patches in an alpine region The ruling 9 Ob 162/00i6 concerned a guest who appoached a restaurant on a mountain at an altitude of 1,096 metres at dusk in winter to read the menu. Before entering the restaurant, he went to a window to look into the dining room. As he turned towards the entrance he slipped on an icy patch and fell. He was seriously injured. In the afternoon before the accident the restaurant operator had scattered coarse gravel in front of the entrance and in the surrounding areas, but not as much in the latter. The first instance court granted the claim for compensation for pain and suffering and loss of income and held that the restaurant operator should have scattered the gravel not only in front of the entrance but also the entire front area with the same intensity. The appelate court reversed the judgment and dismissed the claim. The restaurant was located in an alpine area where weather conditions were more 2 Austrian Supreme Court (OGH) judgement of 06.09.2000, 9 Ob 162/00i. 3 OGH judgment of 02.08.2015, 1 Ob 152/05t. 4 RIS-Justiz RS0023487. 5 OGH judgment of 06.05.1970, 6 Ob 107/70. 6 OGH judgment of 06.09.2000, 9 Ob 162/00i. 190 MICHAEL WUKOSCHITZ
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