Claim Dismissed As Judge Describes Accidental Fall As ‘Fanciful'

Barry Forsyth v Christine Bintcliffe T/A Carnforth Hotel

Following a four day liability trial BLM has successfully secured the dismissal of a claim under the Occupiers Liability Act. The claim arose from an accident that occurred in the early hours of the morning when the claimant sustained injury after falling from his first floor hotel room.

The facts of the case

On 7 September 2016 Mr Forsyth and a work colleague arrived at the Carnforth Hotel with a request for a room for the night. The claimant accepted that he had consumed alcohol (possibly a large amount) in the hotel bar and it was determined that he was likely intoxicated. He suffered fractures to the heel areas of both feet and whilst unable to recollect the circumstances himself, the evidence pointed to him having lost both his balance and grip whilst sitting on the outside window sill of his first-floor room; subsequently falling 16ft to the pavement below.