The Judgment Stress Test · For lawyers · Free
The wet floor
The decided case
Marsh, a paying visitor to the Alder Pool leisure centre, slipped on a wet tiled floor beside the pool and broke her leg.
A ‘Wet floor’ sign was on the premises, but it was fixed to the back of a door that stood open against the wall, so it could not be seen from where Marsh entered.
The pool’s operator, Alder Pool Ltd, did nothing else to warn visitors or to dry the floor. Marsh sued Alder Pool Ltd for her injury.
The rules the court applied
- Rule A. An occupier owes a visitor a duty to take reasonable care that the visitor is reasonably safe in using the premises.
- Rule B. A warning discharges the duty only if it is enough, in all the circumstances, to let the visitor be reasonably safe.
- Rule C. A person who enters without permission owes a lesser duty: the occupier must not injure them deliberately or recklessly.
- Rule D. The occupier is liable only for harm that the breach of duty caused.
The decision
Marsh’s claim succeeded. Marsh was a visitor, so Rule A applied. The only warning was hidden behind a door, so it was not enough to let her be reasonably safe (Rule B), and the occupier did nothing else. The wet floor, which the breach left unwarned, caused the fall (Rule D).
Everything you need is on this page: no outside law, and no tools. All places, cases and people are fictional (the Republic of Eastmark). For each change below, change only that one fact and keep everything else as in the decided case.
Change 1 of 6
The ‘Wet floor’ sign stands upright on the floor at the entrance, in plain view of everyone who comes in, and Marsh walks past it and slips.
Change 2 of 6
Marsh was a member of the leisure centre, not a paying day visitor.
Change 3 of 6
Marsh climbed through a hole in the fence after closing time, without permission, and slipped on the same wet floor.
Change 4 of 6
The floor was completely dry. Marsh tripped over her own untied shoelace and broke her leg.
Change 5 of 6
Marsh’s injury was a sprained ankle, not a broken leg.
Change 6 of 6
The ‘Wet floor’ sign was in plain view, but Marsh says the lights in that corridor were off at the time of her fall.
Professional skills training with fictional material. It is not legal advice and is not accredited by any court, regulator or professional body.