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Single steps necessary in a nightclub environment?

11/07/2019

In a recent case, a claim was brought against a holiday park due to the claimant falling down a step and injuring her ankle whilst attending the park’s nightclub. She did not see the step in question and alleged that due to low lighting, the step was not visible and the nosing strip not noticeable. In addition there was no handrail. The claimant had been sitting on a raised area which was delineated by a balustrade.

Defence

The claim was defended on the basis that the lighting was sufficient and the step well lit. The step was also free from any defect at all material times. At no time did the step present any element of danger at all. It would have been obvious to any person that a step presents a change in height, which is its purpose, and the height was well within accepted guidelines and therefore not defective in any way.

The step edge was well defined and marked with black and silver edging in stark contrast to the surrounding carpet and would have been obvious to any person who was taking reasonable care and attention. Effectively it was well defined and free from any impediment or defect.

The defendant maintained that it was visible to anyone looking where they were going and also relied on the fact that there was a heavy footfall on the step with no accidents reported in the preceding 12 months.

Judgment

The judge found that the park operated a safe system and that the steps were obvious. He did not believe that any reasonable park operator would turn the lights down so low that it was pitch dark.

He also found that the steps need not be marked with tape as they were clearly defined by the nosing which was different from the carpet. Furthermore, he recognised that the carpet was going in different directions, clearly delineating a change in height.

Summary

Despite submissions within the pleaded claim, a single step does not automatically result in liability. These steps are necessary especially in club environments, where there is a raised area. On the basis that the change in height is clearly delineated there should be no liability for defendants.

For more information, please contact Emma Mitchell 

 

Author

Emma Mitchell

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