Lawson v. The Broomfield Holiday Park [2007] ScotSC 36 (13 July 2007)

Lawson v. The Broomfield Holiday Park [2007] ScotSC 36 (13 July 2007)

The defenders failed to take reasonable precautions to mark, illuminate, or warn of the speed hump, making it a foreseeable hazard to pedestrians in darkness. This failure breached their duty of care under both common law and the Occupiers' Liability (Scotland) Act 1960, causing the pursuer's injury. However, the pursuer contributed to her injury by failing to take reasonable care for her own safety, warranting a 20% reduction in damages for contributory negligence.

Citation
[2007] ScotSC 36
Parties
Pursuer: Morag Lawson; Defender: The Broomfield Holiday Park
Jurisdiction
Scotland
Judgment Date
13 July 2007
Procedural Posture
Personal Injury/reparation / Final Judgment After Proof
Outcome
Defenders found liable to pursuer for damages, reduced by 20% for contributory negligence.
Legal Topics
Personal Injury, Negligence, Occupiers' Liability (scotland) Act 1960, Contributory Negligence
Tort Occupiers' Liability Personal Injury Negligence Occupiers' Liability (scotland) Act 1960 Contributory Negligence

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Parties

Morag Lawson

Pursuer

The Broomfield Holiday Park

Defender

Procedural Posture

Personal Injury/reparation / Final Judgment After Proof

Legal Issues

  1. 1 Whether the defenders breached their duty of care under common law and the Occupiers' Liability (Scotland) Act 1960 by failing to adequately mark, illuminate, or warn of the speed hump, causing injury to the pursuer.
  2. 2 Whether the pursuer was contributorily negligent in failing to take reasonable care for her own safety.

Ratio Decidendi

The defenders failed to take reasonable precautions to mark, illuminate, or warn of the speed hump, making it a foreseeable hazard to pedestrians in darkness. This failure breached their duty of care under both common law and the Occupiers' Liability (Scotland) Act 1960, causing the pursuer's injury. However, the pursuer contributed to her injury by failing to take reasonable care for her own safety, warranting a 20% reduction in damages for contributory negligence.

Court Disposition

Defenders found liable to pursuer for damages, reduced by 20% for contributory negligence.

Orders

  • Decree for payment of £2,400 sterling to the pursuer with interest at 8% per annum from 8 September 2002 until payment.
  • Certification of Mr. William G. Morrison as a skilled witness.