Description
The Court allowed the Appellant's appeal against the dismissal of her claim for damages for a leg injury sustained as a result of tripping and falling over a plastic icicle christmas tree bauble during a visit to Santa's grotto. The Court of Appeal approached the issue of whether the Respondent event management company had breached its duty of care from the starting premise of whether the icicle was there to be seen. On the basis that the icicle was there to be tripped upon, the Court of Appeal held that the proper inference was that it was there to be seen. Consequently, the Court of Appeal held that whilst in principle the Respondent had a safe system in place for checking the floor of the grotto for tripping hazards, on this particular occasion the Santa and elf had not been as careful in the checking of the floor as they should have been. As such, the Respondent was found to have breached its duty of care to the Appellant.
