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. The injured lady'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.
|Santa and Elf leaving the Courthouse|
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. Their checking of the grotto floor was held inadequate in protecting the public from falls.
Making a List, Checking it Twice!
|Santa with his Safety Checklist|
Employees need to be extra vigilant at all times, even in the season of goodwill to all men.
Be on the lookout for reindeer poo, too! That could make you slip and fall off of the roof.