Skinner v Aberdeen City Council [2001] ScotCS 111 (11 May 2001)

Skinner v Aberdeen City Council [2001] ScotCS 111 (11 May 2001)

The defenders breached their statutory duty under regulation 4(1)(b) of the Manual Handling Operations Regulations 1992 by failing to carry out a suitable and sufficient assessment of the manual handling operation and failing to provide adequate training or instruction to reduce the risk of injury to the lowest level reasonably practicable. The pursuer was injured in the course of his employment while following the defenders' system, and there was no evidence that alternative methods would have reduced the risk or that the pursuer was contributorily negligent.

Citation
[2001] ScotCS 111
Parties
Pursuer: Gilbert Skinner; Defenders: Aberdeen City Council
Jurisdiction
Scotland
Judgment Date
11 May 2001
Procedural Posture
Personal Injury Action / Judgment After Proof Before Answer
Outcome
Liability established against defenders; quantum to be determined after further submissions on interest and expenses.
Legal Topics
Manual Handling Operations Regulations 1992, Employer's Duty of Care, Workplace Safety, Risk Assessment, Training and Instruction, Contributory Negligence
Employment Law Health and Safety Law Personal Injury Manual Handling Operations Regulations 1992 Employer's Duty of Care Workplace Safety Risk Assessment Training and Instruction +1 more

Case Brief

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Parties

Gilbert Skinner

Pursuer

Aberdeen City Council

Defenders

Procedural Posture

Personal Injury Action / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the defenders breached their statutory duty under the Manual Handling Operations Regulations 1992 in relation to the pursuer's injury on 26 February 1997
  2. 2 Whether the defenders took appropriate steps to reduce the risk of injury to the lowest level reasonably practicable
  3. 3 Whether the pursuer was contributorily negligent

Ratio Decidendi

The defenders breached their statutory duty under regulation 4(1)(b) of the Manual Handling Operations Regulations 1992 by failing to carry out a suitable and sufficient assessment of the manual handling operation and failing to provide adequate training or instruction to reduce the risk of injury to the lowest level reasonably practicable. The pursuer was injured in the course of his employment while following the defenders' system, and there was no evidence that alternative methods would have reduced the risk or that the pursuer was contributorily negligent.

Court Disposition

Liability established against defenders; quantum to be determined after further submissions on interest and expenses.

Orders

  • Case put out By Order for submissions on interest, decree amount, and expenses.