Appeal in the cause Tracy Thomson against Iceland Foods Ltd (Sheriff Appeal Court Civil) [2024] SACCIV 50 (18 December 2024)

The maxim of res ipsa loquitur applied because the mat was under Iceland's control and the accident was of a type that does not ordinarily occur if proper care is taken. Iceland failed to offer any explanation to rebut the inference of negligence. The sheriff was entitled to find a breach of duty.

Citation: [2024] SACCIV 50
Parties: Pursuer and Respondent: Tracy Thomson; Defender and Appellant: Iceland Foods Ltd
Jurisdiction: Scotland
Judgment Date: 18 December 2024
Procedural Posture: Civil Appeal / Appeal Judgment
Outcome: Appeal refused; sheriff's decision affirmed.
Legal Topics: Occupiers' Liability, Res Ipsa Loquitur, Negligence, Breach of Duty

Delict Personal Injury Occupiers' Liability Res Ipsa Loquitur Negligence Breach of Duty

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Tracy Thomson

Pursuer and Respondent

Iceland Foods Ltd

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

1 Whether the maxim of res ipsa loquitur applied to the circumstances of the pursuer's accident in the store
2 Whether the sheriff was correct to infer negligence from the facts found

Ratio Decidendi

Court Disposition

Appeal refused; sheriff's decision affirmed.

Orders

Adhere to the sheriff's interlocutor of 19 June 2024
Defender and appellant liable to the pursuer and respondent in the expenses of the appeal