The plaintiff sought damages after suffering a fractured elbow while roller skating at the defendant’s rink.
The evidence established a longstanding problem with water dripping from the roof onto the skating floor, which the occupier addressed only through buckets and pylons rather than repairing the roof or closely monitoring the skating surface.
The court found the occupier breached its duty of care under the Occupier’s Liability Act by failing to adequately manage the known hazard and by failing to properly monitor the skating floor.
The plaintiff’s fall was found to have been caused by striking a displaced pylon and the presence of water on the floor.
The court rejected defences of voluntary assumption of risk but found the plaintiff contributorily negligent for failing to notice a visible pylon while skating backwards.
