PATRICIA BONHAM v. PENTLAND HOUSING ASSOCIATION LIMITED [2013] ScotSC 10 (07 February 2013)

PATRICIA BONHAM v. PENTLAND HOUSING ASSOCIATION LIMITED [2013] ScotSC 10 (07 February 2013)

The pursuer failed to prove, on the balance of probabilities, what caused her to fall; even if the fall was due to ice or snow, the defenders were under no contractual or statutory duty to grit or clear the area, nor was there evidence of breach of reasonable care by reference to industry practice.

Citation
[2013] ScotSC 10
Parties
Pursuer: Patricia Bonham; Defender: Pentland Housing Association Limited
Jurisdiction
Scotland
Judgment Date
07 February 2013
Procedural Posture
Personal Injury Claim (damages) / Judgment After Proof (trial)
Outcome
Defenders assoilzied (absolved) from the terms of Crave 1; pursuer's claim dismissed.
Legal Topics
Occupiers' Liability, Landlord and Tenant Obligations, Personal Injury, Negligence, Winter Maintenance Responsibilities
Tort Contract Housing Law Occupiers' Liability Landlord and Tenant Obligations Personal Injury Negligence Winter Maintenance Responsibilities

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Parties

Patricia Bonham

Pursuer

Pentland Housing Association Limited

Defender

Procedural Posture

Personal Injury Claim (damages) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders owed a duty to grit or clear ice/snow from common parts under the tenancy agreement or Occupiers' Liability (Scotland) Act 1960
  2. 2 Whether the defenders breached any duty of care owed to the pursuer
  3. 3 Whether the pursuer proved causation between the alleged breach and her injury

Ratio Decidendi

The pursuer failed to prove, on the balance of probabilities, what caused her to fall; even if the fall was due to ice or snow, the defenders were under no contractual or statutory duty to grit or clear the area, nor was there evidence of breach of reasonable care by reference to industry practice.

Court Disposition

Defenders assoilzied (absolved) from the terms of Crave 1; pursuer's claim dismissed.

Orders

  • Parties to lodge written submissions on expenses within 14 days or request a hearing on expenses.