COLUMN: Problems with the neighbours? Arguments with your employer? Differences with your ex-wife or husband?
Paula Hillman, of Metcalfes Solicitors, will answer all your legal queries. Whatever your legal headache or nightmare, send your questions to The Legal Eagle, The Bath Star, 12 Avon House, Brassmill Lane Trading Estate, Bath, BA1 3JF and let our own resident 'Legal Eagle' guide you through the legal maze.
Q: What if Santa slips on our roof or gets wedged in our chimney? Are we liable if he injures himself?
A: Santa is a lawful visitor to your house and you owe him a duty to take reasonable care for his safety.
If he parked his sleigh on the road and walked up your garden path and fell because you left it in a dangerous state, you would be liable to compensate him for his injury. However, Santa has chosen to land his sleigh on the roof and then to descend the chimney.
In my view this would be an obviously dangerous means of gaining access to your house as I presume there are no roof-top facilities for sleigh-landings, and if Santa is an overweight gentleman, he is likely to wedge himself in the chimney.
In other words he should have been aware of the obvious risk of injury in attempting such a foolhardy activity, and you would not be liable.
If I was defending you, I would also want to know if Santa was under the influence of too many sherries left out for him!
Q: Every Christmas my dad insists on playing with my new toys, and every year he breaks them is there anything I can do legally to prevent this?
A:When the gift of your toys was made to you, ownership passed to you.
If Dad keeps playing with them, and breaking them, you could sue him for the value of the broken toys. If he still kept doing it, you could take out an injunction restraining him from unlawfully interfering with the toys, and if he broke the injunction you could apply to have him commited to prison.
You could also report him to the police for criminal damage.
Alternatively, a good crying fit just before the turkey is served might well result in speedier (and cheaper) recompense!
Disclaimer: "This column is for guidance only and professional advice should be obtained before acting on any information contained herein. No responsibility can be accepted by Metcalfes, publishers or distributors for loss occasioned to any person as a result of action taken or refrained from in consequence of the contents of this article."
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