Every year, people around the world leave milk and cookies to entice Santa Claus to squeeze down their chimneys and leave gifts for all the family. However, be warned and cast a legal eye over the behaviour we put up with year after year and you will soon see the risks involved in assembling your ‘Santa Stop Here’ signs.
The Occupiers Liability Act 1957 imposes a duty of care on occupiers to all lawful visitors to ensure that they are reasonably safe for the purpose for which they are on the occupier’s premises. The duty means you must take such care as is reasonable to see that Santa will be reasonably safe in using your premises for the purpose for which he is invited by you to be there – delivering presents via your chimney. So, make sure your fire isn’t lit and ensure the roof tiles aren’t slippy as you could find yourself at the wrong end of a negligence claim.
But, did you invite Santa or is he an unlawful trespasser? If you successfully argue that Santa is an unwanted and uninvited guest, although your duty of care still exists, it is much less onerous. If your children insist on writing Santa a letter or leaving milk and cookies – make sure this is well documented as when applying the legal test, there is a presumption that children will be less careful than adults. If your dog attacks Santa or the fire sets his beard alight – remember to blame the children.
Even though Santa Claus is a seasoned veteran at his work and is unlikely to be caught off guard by a rogue pet or let Rudolf slip off your roof – you have been warned. Put out your fire with care, as St Nicholas will soon be there.
