Cairns v Dundee City Council [2017] ScotCS CSOH_86 (20 June 2017)

Cairns v Dundee City Council [2017] ScotCS CSOH_86 (20 June 2017)

The pursuer failed to prove that the council’s system for ice detection and treatment was unreasonable in the circumstances or that any breach caused the accident. The court will not second-guess resource allocation decisions by the local authority. The claim fails on both breach and causation.

Citation
[2017] ScotCS CSOH_86
Parties
Pursuer: Alan Cairns; Defender: Dundee City Council
Jurisdiction
Scotland
Judgment Date
20 June 2017
Procedural Posture
Personal Injury Claim Under Occupiers’ Liability (scotland) Act 1960 / Judgment After Proof (trial) in Outer House, Court of Session
Outcome
Claim dismissed; defenders assoilzied (absolved).
Legal Topics
Occupiers’ Liability, Duty of Care, Causation, Resource Allocation, Ice/slipping Accidents
Tort Personal Injury Public Liability Occupiers’ Liability Duty of Care Causation Resource Allocation Ice/slipping Accidents

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alan Cairns

Pursuer

Dundee City Council

Defender

Procedural Posture

Personal Injury Claim Under Occupiers’ Liability (scotland) Act 1960 / Judgment After Proof (trial) in Outer House, Court of Session

Legal Issues

  1. 1 Whether Dundee City Council breached its duty of care under section 2(1) of the Occupiers’ Liability (Scotland) Act 1960 by failing to have a system for ice detection and treatment on Saturdays in Queen Street car park
  2. 2 Whether any such breach caused the injuries sustained by Mr Cairns

Ratio Decidendi

The pursuer failed to prove that the council’s system for ice detection and treatment was unreasonable in the circumstances or that any breach caused the accident. The court will not second-guess resource allocation decisions by the local authority. The claim fails on both breach and causation.

Court Disposition

Claim dismissed; defenders assoilzied (absolved).

Orders

  • Pursuer’s claim dismissed
  • Defender absolved of liability