The law of museum safety

Operators of non-profit and government museums may be surprised to find that their liability for injuries to visitors is determined by the same rules that apply to private amusement parks, youth camps, and adult recreation programs. A museum may be liable for injuries that result from such everyday conditions as deceptive differences in floor levels, unlocked storage areas, and crowds of schoolchildren pushing and shoving. The case of an elderly woman's fall over a step while taking her two small grandchildren to the toilet is instructive in this regard.¹ In that case the court, finding that the location of the step was not obvious and was therefore dangerous, noted that a person entering a public toilet is apt to be engrossed in their objective, especially when accompanying small children with pressing needs. This case demonstrates that the liability of a museum will not always be apparent to those responsible for its operation, and routine safety inspections may overlook important areas of risk.What follows describes the laws of liability for injury on the premises of museums, and demonstrates why a hazard survey, based on legal precedents, is the single most important safeguard against liability for museums. It concludes with a hazard checklist prepared from a legal perspective for the use of museum management and their legal counsel.