Shopping Centre Entrances and Walkways - Negligence of the Owners?

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John Apthorp

27 June 2014
Hi, I have a severe allergy to cigarette smoke. I also have major hip & knee problems & as such, I am unable to walk very fast. One of my major problems is when I try to enter shopping centres & I have to hold my breath because of people smoking just outside the entrances. Sometimes I trip during the "rushing" period & have twisted my hip & knee.

Would I have any "comeback" to the owners of these centres or the local council for negligence and not providing a "safe entrance" for me to enter the shopping centres? I do not smoke myself & have nothing against people who do smoke - that is their decision. It's just the location that they choose to smoke that affects me.

Thanks in advance.

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
Ballarat, Victoria

I would think the answer to your question is maybe, unfortunately. It depends on the exact way the entrance is set up. You may need to show negligence on the part of the shopping centre people. Thus may be difficult.

The issue is does the shopping centre have any other options to address your issue - weighing up the magnitude of the problem, versus things such as the cost and inconvenience of any solutions etc etc. Unfortunately they don't gave to accommodate, generally, everyone - unless they are discriminating against you by virtue of, if it is deemed you have one, a disability.

Hope that leads you on the right path.