Letter of the Week: 'Could we sue stores who don't enforce mask wearing'?

Hunts Post Letter of the Week.

Hunts Post Letter of the Week. - Credit: ARCHANT

Amid all the rhetoric about whether supermarkets could or should deny access to prospective customers who are not wearing a mask or a visor {unless they have medical dispensation} I’m surprised no one has mentioned the duty on supermarkets and other trading premises to comply with The Occupiers Liability Act 1957. 
Under this legislation, they have a duty of care to all lawful visitors to their premises. The Government guidelines are to wear a mask or visor (unless they have medical dispensation) when entering shops. By not policing this policy, I would argue that a supermarket is failing to comply and in breach of its duty of care to me and other customers and so we would have a right of redress against them. 
I think though this would have to be a civil action, although I believe the Health and Safety Executive may be able to take criminal action against them. I think it would be worth reminding supermarkets of this legislation and the duty it puts upon them. So if as a result of shopping in store, I am laid low with Covid the infection source being traced back to a particular store because they allowed customers in who were not wearing  facial PPE, then I could sue the store for damages. It might be difficult to prove, but I’m sure the ambulance chasing Lawyers would consider it. That could be a threat to make sure they are more diligent in policing admissions.
Ian Roofe
St Ives

WHAT DO YOU THINK? - Email: editor@huntspost.co.uk