The defender sought to rely on a disclaimer for responsibilitrty for personal injury of users of its bathhouse. The disclaimer was printed on the reverse of the ticket, and the pursuer was aregular user. She said that, by the negligence of defenders’ bath attendants allowed to fall down an interior stair and suffer serious injury.
Held: Her appeal failed: ‘the Sheriff was right to regard this ‘ticket’ as in substance a voucher. If so, the pursuer could not be reasonably expected to study it for conditions, and it follows that in the absence of some other method of calling her attention to its ‘conditional’ function the defenders cannot be said to have done what was reasonably sufficient to give the pursuer notice of the condition.’
Citations:
[1952] ScotCS CSIH – 1, 1952 SLT 399, 1952 SC 440
Links:
Scotland, Personal Injury, Contract
Updated: 22 July 2022; Ref: scu.279422
