Elf but no safety
December 19th 2011

In the case of Dufosse v Melbry Events Ltd, an elderly lady accompanying five members of her family to Santa's grotto at a well known department store in London fell during the visit injuring her leg. She successfully sued the events management company organising the festive treat blaming Santa and his elf for failing to prevent her fall.

The grotto was operated by two employees, one who played Santa and the other an elf. The elf escorted visitors in and out of the grotto whilst Santa sat on his customary throne entertaining his guests. The elf and Santa both stated that they checked for loose items on the floor. Mrs Dufosse's case was that she had lost her balance by stepping on a plastic icicle on the floor of the grotto which should have been seen and removed.

Section 2 of the Occupiers' Liability Act 1957 required the events company to see that visitors would be reasonably safe in visiting the grotto. This was found to not be the case. The elf was concerned with many other duties [at a guess - toy making and feeding reindeer(!)].

It was found that Santa and the elf were not as careful in checking the floor as they should have been. If the icicle was there to be stepped on, it was there to be seen. Mrs Dufosse was not at fault as any such tripping hazards should have been spotted and removed by Santa or his elf.

The overly benevolent view of the performance by Santa and the elf of their duties at first instance was overturned by the Court of Appeal who allowed the claim. The checking of the grotto floor was held inadequate in protecting the public from falls.

With claims against events holders attracting increasing publicity, this case highlights that the bar is set quite high for those responsible in carrying out hazard spotting. Employees need to be extra vigilant at all times , even in the season of good will to all men.

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