Trueman v. Aberdeenshire Council [2007] ScotSC 67 (20 November 2007)

Trueman v. Aberdeenshire Council [2007] ScotSC 67 (20 November 2007)

The defenders, having introduced a delineating fence, had a duty to maintain it so that it did not create a danger to persons using the adjacent pathway. The failure to maintain the fence in a safe condition contributed to the pursuer's injury. However, the pursuer's own negligence in failing to keep a proper lookout and her impaired state contributed significantly to the accident, warranting an 80% reduction for contributory negligence.

Citation
[2007] ScotSC 67
Parties
Pursuer: Helen Trueman; Defender: Aberdeenshire Council
Jurisdiction
Scotland
Judgment Date
20 November 2007
Procedural Posture
Personal Injury Claim Under Occupiers Liability (scotland) Act 1960 / Judgment After Proof (trial)
Outcome
Decree for the pursuer for damages, reduced by 80% for contributory negligence.
Legal Topics
Duty of Care, Contributory Negligence, Maintenance of Premises, Liability for Injury on Public Property
Tort Personal Injury Occupiers' Liability Duty of Care Contributory Negligence Maintenance of Premises Liability for Injury on Public Property

Case Brief

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Parties

Helen Trueman

Pursuer

Aberdeenshire Council

Defender

Procedural Posture

Personal Injury Claim Under Occupiers Liability (scotland) Act 1960 / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders owed a duty of care to the pursuer under the Occupiers Liability (Scotland) Act 1960
  2. 2 Whether the defenders breached that duty by failing to maintain the chespale fence
  3. 3 Whether the pursuer's own negligence contributed to her injury and to what extent

Ratio Decidendi

The defenders, having introduced a delineating fence, had a duty to maintain it so that it did not create a danger to persons using the adjacent pathway. The failure to maintain the fence in a safe condition contributed to the pursuer's injury. However, the pursuer's own negligence in failing to keep a proper lookout and her impaired state contributed significantly to the accident, warranting an 80% reduction for contributory negligence.

Court Disposition

Decree for the pursuer for damages, reduced by 80% for contributory negligence.

Orders

  • Decree for £35,000 with interest at 8% from 1 September 2006, under deduction of 80% for contributory negligence.
  • Parties to be heard on expenses on 4 December 2007 at 9.30 am.