Pub not liable for risk-taking

Posted: 16th August 2011

When a listed building was being converted into a J D Wetherspoon pub, the low banister on the stairs was identified as a potential risk as it was below the standard height specified in building regulations. However, English Heritage did not want this feature to be altered, so the local authority waived the necessity to do so.Stairs1

When a visitor to the pub decided to slide down the banister and was injured in the resultant fall, she sued Wetherspoon, arguing that the pub chain was partially responsible for her injuries because of the inherently unsafe banister.
The court rejected the claim. She had decided to take the risk and no blame could be laid at the door of Wetherspoon.