"Yule" be liable, Santa!

In an unbeatable bit of timing the Court of Appeal has just handed down a genuine finding that "Santa and his elf" were liable for injuries sustained by a grandmother who stumbled in their grotto (in a well-known London store) and injured her hip.

Their judgment records events which sound just like an undergraduate law exam.  Unfortunately, the events were real and the poor plaintiff suffered a painful and inconveniencing injury.  Real questions of law arose from apparently simple events and the Court of Appeal had to determine them.

The joy in the judgment is the fact that the judge refers throughout to "Santa" and "the elf" as if he was talking about the real Santa and one of his actual helpers.

The judge commented that though the system used by Santa and his elf might have been excellent, the elf was concerned with many other duties and it was possible that on that occasion Santa and the elf were not as careful in the taking of precautions as they should have been.  An icicle from the tree was a foreseeable trip hazard on which a visitor, distracted by children and the glitz of the attraction, stumbled and broke her hip. It was not the grandmother's duty to ensure that there were no tripping hazards in the grotto; it was the duty of Santa and the elf.

Children need not worry.  This case won't affect the real Santa who will be delivering his presents as usual this year.

Dufosse v. Melbury Events (2011) CA (Civ Div) (Rix LJ, McFarlane LJ, Sir Mark Potter) 14/11/2011

p.s. If you read about this judgment somewhere else I guarantee the phrase "elf & safety" will be used somewhere in it!

For more information please contact michael.bonning@michelmores.com or call 01392 688688.