District Judge John Sparrow sitting at Southampton County Court said in his verdict,  that whilst he accepted that there had been an injury caused by the bauble there was no breach of duty.  The events company relied on evidence at the hearing that risk assessments had been carried out .The court also heard evidence from Santa Actor and his Elf that they denied seeing any icicles on the floor before the accident and that they kept a clean grotto.
 
DJ Sparrow said  " In my view this icicle was not in plain view ". The article reports that the decision may be appealed.
 
This to me highlights the difficulties in bringing claims for tripping and slipping accidents. Merely establishing that the accident happened and that the stray bauble or indeed lifted paving stone in Highway tripping claims is not enough to claim compensation. You also need to prove fault on behalf of the individual who  has  control over  the land/ premises.
 
Ruth Johnson is a Solicitor in the Personal Injury team