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High Court upholds Claimant’s award of damages following dancefloor slip
29 February 2012

Bourne Leisure v. Shakespeare, QBD, 29.02.12

Anthony Johnson successfully represented the Respondent who had slipped on liquid that had been spilled on the dancefloor whilst attending a 90's weekend at the Defendant's Butlins Bognor Regis resort during a performance by the well-known German DJ Sash. Butterfield J. upheld the trial judge's decision that the Appellant was liable to the Respondent under section 2(2) of the Occupiers Liability Act 1957 on account of the fact that the Defendant's inspection regime was insufficient (HHJ Simpkiss had found as a fact that there were three separate inspections on the hour each hour and then nothing for the remainder of the hour) and that the Defendant should have taken some steps, albeit minor ones that would not ruin the 'congenial' atmosphere in the venue, to enforce its policy of preventing guests from taking drinks onto the dancefloor given the obvious risk of spillage. He rejected the Appellant's submissions that the trial judge had imposed too high a duty on the Defendant that was effectively a counsel of perfection, and that any reasonably practicable improvements to the Defendant's system would not have made a difference in any event.