McGee & Ors v RJK Building Services Ltd [2013] ScotCS CSOH_10 (18 January 2013)

McGee & Ors v RJK Building Services Ltd [2013] ScotCS CSOH_10 (18 January 2013)

The defenders were negligent in the installation of the handrail, which was fitted in a wholly inadequate manner and failed to meet relevant safety standards. This negligence caused the handrail to fail when the deceased attempted to descend the stairs, resulting in his fall, injuries, and subsequent death. There was no contributory negligence on the part of the deceased, as his alcohol consumption did not impair his ability to descend the stairs and there was no evidence of other causes. The defenders are liable in damages to the pursuers.

Citation
[2013] ScotCS CSOH_10
Parties
Pursuers: Catherine Foley McGee and Others; Defenders: RJK Building Services Limited
Jurisdiction
Scotland
Judgment Date
18 January 2013
Procedural Posture
Personal Injury / Wrongful Death Civil Action / Judgment After Proof (trial) in Outer House, Court of Session
Outcome
Judgment for the pursuers. Defenders found liable to make reparation without deduction for contributory negligence.
Legal Topics
Negligence, Causation, Damages, Contributory Negligence, Expert Evidence
Tort Personal Injury Wrongful Death Negligence Causation Damages Contributory Negligence Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Catherine Foley McGee and Others

Pursuers

RJK Building Services Limited

Defenders

Procedural Posture

Personal Injury / Wrongful Death Civil Action / Judgment After Proof (trial) in Outer House, Court of Session

Legal Issues

  1. 1 Whether the defenders were negligent in the installation of the handrail
  2. 2 Whether the defenders' negligence caused the deceased's fall and subsequent death
  3. 3 Whether the deceased was contributorily negligent

Ratio Decidendi

The defenders were negligent in the installation of the handrail, which was fitted in a wholly inadequate manner and failed to meet relevant safety standards. This negligence caused the handrail to fail when the deceased attempted to descend the stairs, resulting in his fall, injuries, and subsequent death. There was no contributory negligence on the part of the deceased, as his alcohol consumption did not impair his ability to descend the stairs and there was no evidence of other causes. The defenders are liable in damages to the pursuers.

Court Disposition

Judgment for the pursuers. Defenders found liable to make reparation without deduction for contributory negligence.

Orders

  • Defenders to pay agreed solatium of £4,000 to the first pursuer as executrix, inclusive of interest.
  • Damages awarded under section 1(4) of the Damages (Scotland) Act 1976: £80,000 to the widow (second pursuer), £35,000 each to the daughters (third and fourth pursuers), £27,500 to the son (seventh pursuer), £20,000 to granddaughter Sophie MacInnes, £25,000 to grandson Declan Todd, £12,000 each to granddaughters Leah...