Grandmother Wins Appeal Over Leg Broken in Santa's Grotto

A grandmother who fractured her hip when she tripped on a Christmas tree decoration in Santa’s grotto in Selfridges in 2009 has won her claim for compensation after the Court of Appeal ruled that Father Christmas and his assistant should have made sure the floor was tidy.

Joan Dufosse, 73, was visiting the Oxford Street store with her son, daughter-in-law and two grandchildren. They were posing for a photograph and the elf assisting Father Christmas requested that she step backwards into the corner of the grotto. In doing so, she tripped over an icicle-shaped bauble that had fallen from the tree.

Mrs Dufosse required major surgery to insert a plate and screws in her leg and has not yet made a full recovery. She brought a personal injury claim against Melbry Events Ltd., the company responsible for the attraction, but the judge in the lower court ruled that the stray decoration had not been visible to Father Christmas and the elf and they could not have been expected to remove it. The Court of Appeal overturned this decision, however.

The Court held that it was not Mrs Dufosse’s duty to ensure that the floor of the grotto was free from tripping hazards. Lord Justice Rix praised the excellent safety system put in place by Melbry Events Ltd. but found that the fallen tree decoration should have been spotted by Father Christmas and the elf. In the Court’s view, it was human error on their part that led to the accident.

The exact amount of the damages award will be assessed at a later date unless prior agreement is reached, but it is anticipated that it will be in the region of £30,000.