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High Court dismisses claim for damages for serious and permanent injuries to the plaintiff's ankle arising from her slip and fall onto the dance floor of the defendant's licensed premises, on the grounds that the CCTV footage, in conjunction with the medical notes from the contemporaneous treating doctor to whom the plaintiff sought medical attention, satisfy the court that the cause of the plaintiff's fall was her state of inebriation combined with her interaction with another patron on the dance floor immediately before the fall took place.
Personal injuries - fall whilst dancing on licensed premises - CCTV footage - mechanism of fall not visualised - causation - serious ankle injuries - adverse sequelae - webber classification - serious and permanent injuries - liability - whether defendant's system of supervision, inspection and cleaning was sufficient to satisfy common law and statutory duty to take reasonable care - parties' evidence - contemporaneous hospital notes recording mechanism of fall - no reference to 'slipping' in personal injuries assessment board application - floor on which plaintiff fell - slip resistance test - expert engineers' evidence - floor has since been replaced - no evidence to suggest floor was wet - no history of slip and fall accidents at premises despite spillages - area kept under observation - onus of proof on plaintiff - significant inebriating effect of alcohol on plaintiff - inter reaction of plaintiff beside other patron - proceedings dismissed.
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