The very unfortunate case of Mrs Hutch1 who suffered
paraplegia as a result of a fall from a balcony, was recently
reported in the media. The decision to dismiss the claim seems to
have rested heavily on the findings of intoxication, but it is
instructive to look more closely at the judge's findings in
order to appreciate all of the factors in play.
The plaintiff was certainly found to have been very intoxicated
when she toppled over a balustrade at the second floor town house
she was renting from the defendant. She failed in her claim for
damages after the judge found she had 'leaned too far and
tumbled over' the balustrade because of her severe
intoxication.
The plaintiff argued that after sharing a celebratory bottle of
sparkling wine with her son on Christmas morning, she had occasion
to search for a handbag upstairs. While doing so, she leant over
the balustrade and fell. She suffered severe head and spinal
injuries resulting in paraplegia.
