Doran v Shanks Waste Management [2010] ScotCS CSOH_91 (13 July 2010)

Doran v Shanks Waste Management [2010] ScotCS CSOH_91 (13 July 2010)

The defenders breached statutory and common law duties by failing to provide adequate training, instruction, and supervision regarding safe procedures for de-netting skips, and by tolerating unsafe practices. The pursuer contributed to his injury by failing to take due care for his own safety in climbing onto the lorry when it was unnecessary and unsafe, warranting a 20% reduction in damages for contributory negligence.

Citation
[2010] ScotCS CSOH_91
Parties
Pursuer: James Doran; Defender: Shanks Waste Management
Jurisdiction
Scotland
Judgment Date
13 July 2010
Procedural Posture
Personal Injury/reparation / Judgment After Proof (trial)
Outcome
Decree for pursuer with 20% deduction for contributory negligence
Legal Topics
Employer's Liability, Workplace Safety, Training and Supervision, Contributory Negligence
Employment Law Health and Safety Law Tort/delict Employer's Liability Workplace Safety Training and Supervision Contributory Negligence

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Parties

James Doran

Pursuer

Shanks Waste Management

Defender

Procedural Posture

Personal Injury/reparation / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders breached statutory and common law duties regarding workplace safety and training
  2. 2 Whether the pursuer contributed to his own injury (contributory negligence)

Ratio Decidendi

The defenders breached statutory and common law duties by failing to provide adequate training, instruction, and supervision regarding safe procedures for de-netting skips, and by tolerating unsafe practices. The pursuer contributed to his injury by failing to take due care for his own safety in climbing onto the lorry when it was unnecessary and unsafe, warranting a 20% reduction in damages for contributory negligence.

Court Disposition

Decree for pursuer with 20% deduction for contributory negligence

Orders

  • Defenders to pay £36,000 in damages to pursuer