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Articles | Fri 25th Jan, 2019
Ian Stebbings successfully defends major national holiday park in public liability claim.
The Claimant alleged that she had fallen down a single step due to the area in a club house being dimly lit. She sustained a broken ankle. The Defendant was able to show that she was mistaken as to timings of when the lights were dim and that the step had been used by a high footfall over the previous five years without incident. The Defendant further made submissions, which were accepted by the judge, that the law and common sense would part company if every step required a warning sign and hazard tape as alleged by the Claimant. The Judge found that there was no negligence on behalf of the Defendant and that the Claimant was not looking where she was going. Claim dismissed.