Santa and Elf held liable in Court of Appeal : Fri Dec 16, 2011 10:00 am
Elf & Safety is real. Make no mistake.In a decision which will doubtless be described as either compensation culture gone mad, or a sensible and level-headed assessment of the facts and responsibility for public safety, Santa and one of his Elves have been found negligent following the visit of Mrs. Dufosse, an elderly lady who was injured when she tripped and fell over an icicle in Santa's grotto.
It happened in a well-known London department store. Santa and his elf were originally cleared, but the case went on appeal, and was deliberated on and eventually decided in the giddy heights of the Court of Appeal, Lord Justice Rix, Lord Justice McFarlane LJ and Sir Mark Potter. They found:
"Even though the system used by Santa and the 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."
In a seasonal decision offering comfort to the millions who will be taking their life in their hands in passing through Santa's Grotto in the next week or so, the Court of Appeal observed:
"In the circumstances, it was not D's duty to ensure that there were no tripping hazards in the grotto; it was the duty of Santa and the elf."