NM against TO and AO (Sheriff Appeal Court Civil) [2025] SACCIV 14 (29 April 2025)

NM against TO and AO (Sheriff Appeal Court Civil) [2025] SACCIV 14 (29 April 2025)

The discharge temperature of 55°C from the bath tap was not, by itself, a danger under the Occupiers' Liability (Scotland) Act 1960, given the age of the property and absence of prior complaints or incidents. The respondents had no actual or deemed knowledge of any danger. The appellant's actions in filling the bath with hot water only and leaving young children unsupervised constituted novus actus interveniens, breaking the chain of causation. No breach of statutory or common law duty by the respondents was established.

Citation
[2025] SACCIV 14
Parties
Pursuer and Appellant: NM; First Defender and Respondent: TO; Second Defender and Respondent: AO
Jurisdiction
Scotland
Judgment Date
29 April 2025
Procedural Posture
Civil Appeal / Appeal From Sheriff's Judgment
Outcome
Appeal refused
Legal Topics
Occupiers' Liability, Landlord's Duty of Care, Secondary Victim Claims, Causation, Contributory Negligence, Repairing Standard, Building Regulations
Tort Landlord and Tenant Personal Injury Occupiers' Liability Landlord's Duty of Care Secondary Victim Claims Causation Contributory Negligence +2 more

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Parties

NM

Pursuer and Appellant

TO

First Defender and Respondent

AO

Second Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff's Judgment

Legal Issues

  1. 1 Whether the discharge temperature of 55°C from the bath tap constituted a danger under the Occupiers' Liability (Scotland) Act 1960
  2. 2 Whether the respondents breached their duty as landlords under sections 2 and 3 of the 1960 Act and the Housing (Scotland) Act 2006
  3. 3 Whether the appellant's actions constituted novus actus interveniens breaking the chain of causation

Ratio Decidendi

The discharge temperature of 55°C from the bath tap was not, by itself, a danger under the Occupiers' Liability (Scotland) Act 1960, given the age of the property and absence of prior complaints or incidents. The respondents had no actual or deemed knowledge of any danger. The appellant's actions in filling the bath with hot water only and leaving young children unsupervised constituted novus actus interveniens, breaking the chain of causation. No breach of statutory or common law duty by the respondents was established.

Court Disposition

Appeal refused

Orders

  • Sheriff's interlocutors of 7 March 2024 and 22 March 2024 adhered to
  • No expenses due to or by either party