Venue operators face increased litigation due to furniture related injuries.
The AFA continues to assist a number of furniture industry businesses to manage litigious situations. The increase in insurance claims is due to the lack of understanding by venue operators for procuring fit-for-purpose furniture, and the maintenance required to keep it in tip-top condition and keep patrons safe. So, who is next in line for a lawsuit?
Key considerations for venue operators when purchasing new furniture for a club, pub, restaurant, or other public space
Generally, venue operators will commission architects or interior designers when redeveloping properties. The approved project is often handed over to a builder to complete. The aesthetic ‘look and feel’ of the venue will usually drive the design specifications specified by the architect or designer.
The key point to note is that the final design concept is about form rather than function. The furniture specified may look fabulous and contribute to the ambience but may not be fit for purpose, comfortable, or meet Australian Product Standards that protect the health and well-being of patrons.
Nine out of ten times, the venue operator is directed by the designer in the final selection of furniture. More often than not, the selected general furniture products are provided with a list of suppliers, predominantly from overseas, with a margin added on for the specifier or builder who won the contract. Many of these products fail the safety testing required to meet Australian Standards.
More and more venue managers are going directly to online or offshore distributors to source their own products to reduce costs.
This is a high-risk practice, as those who import furniture are considered the manufacturer in the eyes of the law and therefore liable for any injury caused to patrons. In the case of venue operators, this would include directors and those responsible for property management.
Style trends and practical considerations
Architects and interior designers are specifying according to the brief; however, there is a strong minimalist influence in interiors, including fresh clean finishes and minimal patterns to evoke a raw, natural feel. This mirrors residential trends as venue operators aim to make patrons feel at home.
Other considerations relate to product function:
Gaming stools: Comfort and durability should be prioritised over aesthetic appeal to encourage patrons to remain seated longer. Colour is less important.
Dining furniture: Comfort is less important; turnover of patrons is the priority. Durability and stability are critical — no wobbly tables or loose chair arms.
Regulations and industry guidelines
There are Australian Standards for all furnishing products. While not all are mandatory, in the event of a product safety issue, these Standards are referred to and upheld in a court of law. Venue operators are directly responsible for patron safety and should be aware of these Standards or seek professional advice when procuring furniture.
Sustainably sourced options
A knowledgeable architect, interior designer, or builder can source sustainably produced products. If sustainability is specified in the original brief, suppliers should provide products that meet regulatory requirements.
Advice for venue owners on a tight budget
Make strategic choices. For example, imported toilets costing over $1000 may look great, but replacement parts could be disproportionately expensive, costing thousands over a year.
Avoid the cheapest products; choose those with strong warranties, low maintenance costs, and follow proper maintenance schedules. This extends product lifespan and protects patrons.
Australian-made vs. imported furniture
Australian-made products are required by law to meet high Standards, and manufacturers are legally liable if the product fails or causes injury or death.
Imported products sometimes fail Australian Standards, and recalls on imported items are increasing. Importing non-compliant products can carry significant financial and legal risk.
Top Tips for Furniture Procurement
ONLY BUY from Australasian Furnishing Association Members (AFA), international or Australian. Avoid direct purchases from international trade events or from unaccredited agents or distributors.
Choose reputable architects, interior designers, or builders who are accountable for product choices and check references.
Specify that tenders will only accept products tested to Australian Standards.
Procure products with chain of custody information, detailed specifications, maintenance schedules, warranties, and certification and labelling confirming compliance with Australian Standards.
Ensure products come from reputable certified manufacturers and suppliers who are AFA Members.
Furniture in public venues is considered equipment and should be fit for purpose and maintained accordingly.
Conduct a venue furniture audit and make repairs immediately.
Watch out for forged documentation!
If in doubt, contact the AFA for further information or guidance on furnishing your venue at care@theafa.asn.au.
A list of AFA Members, Agents, and Distributors is available on the AFA website: www.australianfurniture.org.au