ELAINE SANDISON v THOMAS COOPE [2016] ScotSC 33 (19 April 2016)

ELAINE SANDISON v THOMAS COOPE [2016] ScotSC 33 (19 April 2016)

The defender was negligent in failing to ensure the road was clear before calling his dog across a public road near a blind corner, making it foreseeable that a road user could be injured. The pursuer was contributorily negligent by failing to moderate her speed or give warning when approaching a blind bend. Liability is apportioned 70% to the defender and 30% to the pursuer.

Citation
[2016] ScotSC 33
Parties
Pursuer: Elaine Sandison; Defender: Thomas Coope
Jurisdiction
Scotland
Judgment Date
19 April 2016
Procedural Posture
Civil Personal Injury (delict) / Judgment on Liability, Quantum to Be Determined
Outcome
Defender found liable for 70% of the pursuer's loss, injury, and damage; quantum to be determined at a further hearing.
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Dog Owner Liability
Tort/delict Personal Injury Negligence Contributory Negligence Duty of Care Dog Owner Liability

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Parties

Elaine Sandison

Pursuer

Thomas Coope

Defender

Procedural Posture

Civil Personal Injury (delict) / Judgment on Liability, Quantum to Be Determined

Legal Issues

  1. 1 Whether the defender was negligent in failing to control his dog near a public road, resulting in injury to the pursuer
  2. 2 Whether the pursuer was contributorily negligent in failing to moderate her speed or give warning when approaching a blind bend

Ratio Decidendi

The defender was negligent in failing to ensure the road was clear before calling his dog across a public road near a blind corner, making it foreseeable that a road user could be injured. The pursuer was contributorily negligent by failing to moderate her speed or give warning when approaching a blind bend. Liability is apportioned 70% to the defender and 30% to the pursuer.

Court Disposition

Defender found liable for 70% of the pursuer's loss, injury, and damage; quantum to be determined at a further hearing.

Orders

  • Defender to pay 70% of the valuation of the pursuer's loss, injury, and damage.