Martin v Scottish Coal Company Ltd [1998] ScotCS 18 (7 October 1998)

Martin v Scottish Coal Company Ltd [1998] ScotCS 18 (7 October 1998)

The pursuer failed to prove that any breach of statutory duty by the defender caused his injury; the accident was caused by the pursuer's own actions in leaving his hand in a dangerous position without excuse.

Citation
[1998] ScotCS 18
Parties
Pursuer: Patrick Martin; Defender: Scottish Coal Company Limited
Jurisdiction
Scotland
Judgment Date
07 October 1998
Procedural Posture
Personal Injury Claim / Judgment After Proof
Outcome
Action dismissed; absolvitor granted to defender.
Legal Topics
Employer's Liability, Statutory Duty, Causation, Contributory Negligence
Tort Employment Law Health and Safety Employer's Liability Statutory Duty Causation Contributory Negligence

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Parties

Patrick Martin

Pursuer

Scottish Coal Company Limited

Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof

Legal Issues

  1. 1 Whether the defender breached a statutory duty of maintenance under health and safety regulations
  2. 2 Whether any breach caused the pursuer's injury
  3. 3 Assessment of contributory negligence

Ratio Decidendi

The pursuer failed to prove that any breach of statutory duty by the defender caused his injury; the accident was caused by the pursuer's own actions in leaving his hand in a dangerous position without excuse.

Court Disposition

Action dismissed; absolvitor granted to defender.

Orders

  • Sustain defender's second plea-in-law
  • Repel pursuer's pleas-in-law