Morrison v Safeway Stores Plc [1999] ScotCS 21 (15 January 1999)

Morrison v Safeway Stores Plc [1999] ScotCS 21 (15 January 1999)

The court found that the pursuer's prolonged kneeling at work caused or materially contributed to his knee becoming symptomatic, resulting in osteo-arthritis and incapacity. The defenders breached their duty of care by failing to provide knee protection, warnings, or risk assessment, and it was reasonably foreseeable that kneeling could cause knee symptoms. The defenders are liable for the pursuer's injury and resulting loss.

Citation
[1999] ScotCS 21
Parties
Pursuer: Alastair Morrison; Defender: Safeway Stores Plc
Jurisdiction
Scotland
Judgment Date
15 January 1999
Procedural Posture
Personal Injury/employer's Liability / Judgment After Proof (trial)
Outcome
Judgment for the pursuer
Legal Topics
Employer's Duty of Care, Workplace Injury, Foreseeability, Causation, Safe System of Work
Tort Employment Law Health and Safety Employer's Duty of Care Workplace Injury Foreseeability Causation Safe System of Work

Case Brief

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Parties

Alastair Morrison

Pursuer

Safeway Stores Plc

Defender

Procedural Posture

Personal Injury/employer's Liability / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer's knee injury was caused or materially contributed to by his work kneeling for prolonged periods
  2. 2 Whether the defenders breached their duty of care by failing to provide a safe system of work, including protective equipment, warnings, and risk assessment
  3. 3 Whether the injury was reasonably foreseeable by the employer

Ratio Decidendi

The court found that the pursuer's prolonged kneeling at work caused or materially contributed to his knee becoming symptomatic, resulting in osteo-arthritis and incapacity. The defenders breached their duty of care by failing to provide knee protection, warnings, or risk assessment, and it was reasonably foreseeable that kneeling could cause knee symptoms. The defenders are liable for the pursuer's injury and resulting loss.

Court Disposition

Judgment for the pursuer

Orders

  • Defenders found liable to make reparation to the pursuer for his injury and loss; quantum of damages to be assessed.