Facts
- First choice holidays had assumed liability for guests, including Clough
- Clough, after 6 pints of lager, slipped and injured himself severely, claiming that the paint he slipped on was slippy
Issue
- Could damages be awarded under the Fairchild ruling, which meant full damages, rather than apportioned damages
Decision
- No
Reasoning
- Fairchild should be reserved for mesothelioma cases only, and in any case, the paint was not slippy
