Mcshane v Burnwynd Racing Stables Ltd [2015] ScotCS CSOH_70 (05 June 2015)

Mcshane v Burnwynd Racing Stables Ltd [2015] ScotCS CSOH_70 (05 June 2015)

The pursuer failed to prove on the balance of probabilities that the accident was caused by a defect in the gallop or by any breach of duty by the defenders. The evidence did not establish that the surface was defective or that any statutory or common law duty was breached. The accident was more likely a result of the inherent risks of riding, not attributable to the defenders' fault.

Citation
[2015] ScotCS CSOH_70
Parties
Pursuer: John McShane; Defender: Burnwynd Racing Stables Limited
Jurisdiction
Scotland
Judgment Date
05 June 2015
Procedural Posture
Personal Injury/negligence / Judgment After Proof (trial)
Outcome
Pursuer's claim dismissed
Legal Topics
Employer's Liability, Workplace Safety, Negligence, Workplace (health, Safety & Welfare) Regulations 1992, Work at Height Regulations 2005
Tort Employment Law Health and Safety Employer's Liability Workplace Safety Negligence Workplace (health, Safety & Welfare) Regulations 1992 Work at Height Regulations 2005

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Parties

John McShane

Pursuer

Burnwynd Racing Stables Limited

Defender

Procedural Posture

Personal Injury/negligence / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the accident was caused by a defect in the gallop surface or layout
  2. 2 Whether the defenders were negligent at common law or in breach of statutory duties under the Workplace Regulations and/or Work at Height Regulations

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that the accident was caused by a defect in the gallop or by any breach of duty by the defenders. The evidence did not establish that the surface was defective or that any statutory or common law duty was breached. The accident was more likely a result of the inherent risks of riding, not attributable to the defenders' fault.

Court Disposition

Pursuer's claim dismissed

Orders

  • Action dismissed
  • No decree for damages