High Court dismisses personal injuries action arising from a trip and fall outside a rugby club, on the grounds that the plaintiff actually fell in an area to the front of the club house just beyond the decking, and not where she alleged that she fell, and she had made no complaint about the surface of this area.
Personal injuries – plaintiff suffered injuries when she tripped and fell to the ground while crossing the car park area of rugby club – argued that the rugby club failed to maintain the area in a safe and proper condition – alleges that there was a hole or depression in the car park and there was a large stone in the hole, into which her right foot came in contact and as a result she was caused to go over on her ankle, resulting in a fracture to the right ankle – rugby club alleges that she fell in different area - deny that there was any defect in the surface of the car park – rugby club alleged that she had consumed a considerable quantity of alcohol on the night in question, and that she fell due to her intoxicated condition – argued that she failed to take reasonable care for her safety – evidence of alcohol consumption – evidence of incident - inadequate lighting – friends gave conflicting evidence –friends refused to sign note of incident that was supportive of the plaintiff’s account - engineering evidence of the surface of the ground – no complaint made about the surface of the car park on the night in question – evidence given that there was sufficient lighting – plaintiff’s mother took photographs of the locus - amount of alcohol consumed by the plaintiff prior to going to the rugby club – Court preferred evidence of the plaintiff’s friends - consumed a considerable quantity of alcohol prior to arriving at the rugby club - whether the plaintiff poured vodka from the mineral bottle into glasses which had mixers in them, while in the ladies toilet at the rugby club – assertion supported by the impressive evidence of the president of the rugby club - plaintiff’s credibility – Court found that the lighting was adequate - locus of the accident – stark difference in evidence – mother’s photographs not shown to engineer – engineer told that she slipped on loose stones not in a hole or depression – Court concluded that she fell in the area to the front of the club house just beyond the decking – no complaint about the surface of the ground in this area – area where she alleges to have fallen not unsafe – case dismissed.