MISS BERNADETTE SMITH AGAINST THE SCOTTISH MINISTERS [2015] ScotSC 38 (12 May 2015)

MISS BERNADETTE SMITH AGAINST THE SCOTTISH MINISTERS [2015] ScotSC 38 (12 May 2015)

The pursuer failed to prove that her injury was caused by any breach of statutory duty or fault on the part of the defenders. The risk assessment was found to be suitable and sufficient, and the control measures reasonable. The injury, though unfortunate, did not result from any actionable breach by the defenders.

Citation
[2015] ScotSC 38
Parties
Pursuer: Miss Bernadette Smith; Defender: The Scottish Ministers (representing the Scottish Prison Service)
Jurisdiction
Scotland
Judgment Date
12 May 2015
Procedural Posture
Ordinary Cause (originally Summary Cause) / Judgment After Proof (trial)
Outcome
Defenders assoilzied (absolved) from the craves of the Initial Writ; pursuer's claim dismissed.
Legal Topics
Employer's Liability, Risk Assessment, Workplace Injury, Statutory Duties, Common Law Negligence
Personal Injury Employment Law Health and Safety Employer's Liability Risk Assessment Workplace Injury Statutory Duties Common Law Negligence

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Parties

Miss Bernadette Smith

Pursuer

The Scottish Ministers (representing the Scottish Prison Service)

Defender

Procedural Posture

Ordinary Cause (originally Summary Cause) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders breached statutory duties under the Management of Health and Safety at Work Regulations 1999, Manual Handling Operations Regulations 1992, and Provision and Use of Work Equipment Regulations 1998; whether the defenders were negligent at common law; whether the risk assessment was suitable and sufficient; whether the injury was caused by breach of duty or fault of the defenders.

Ratio Decidendi

The pursuer failed to prove that her injury was caused by any breach of statutory duty or fault on the part of the defenders. The risk assessment was found to be suitable and sufficient, and the control measures reasonable. The injury, though unfortunate, did not result from any actionable breach by the defenders.

Court Disposition

Defenders assoilzied (absolved) from the craves of the Initial Writ; pursuer's claim dismissed.

Orders

  • Defenders absolved from liability; no damages awarded to pursuer.