McNeil Shepherd v Travelodge Hotels Ltd [2014] ScotCS CSOH_162 (07 November 2014)

McNeil Shepherd v Travelodge Hotels Ltd [2014] ScotCS CSOH_162 (07 November 2014)

The defenders, through their manageress, were not in breach of their duty of care under the Occupiers Liability (Scotland) Act 1960 or at common law. The response to the diesel spill was reasonable in the circumstances, and it was not established on the balance of probabilities that the car park could have been closed before the pursuer arrived. The procedures followed did not materially contribute to the accident. The accident was foreseeable, but no actionable breach was proved.

Citation
[2014] ScotCS CSOH_162
Parties
Pursuer: Jean McNeil Shepherd; Defender: Travelodge Hotels Ltd
Jurisdiction
Scotland
Judgment Date
07 November 2014
Procedural Posture
Personal Injury Action / Judgment After Proof (trial) on Liability and Contributory Negligence
Outcome
Decree of absolvitor (defenders assoilzied/dismissed)
Legal Topics
Personal Injury, Occupiers Liability (scotland) Act 1960, Common Law Duty of Care, Vicarious Liability, Foreseeability, Contributory Negligence
Tort Occupiers' Liability Personal Injury Occupiers Liability (scotland) Act 1960 Common Law Duty of Care Vicarious Liability Foreseeability Contributory Negligence

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Parties

Jean McNeil Shepherd

Pursuer

Travelodge Hotels Ltd

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof (trial) on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the defenders breached their duty of care under the Occupiers Liability (Scotland) Act 1960 and at common law
  2. 2 Whether the accident was foreseeable
  3. 3 Whether the defenders' procedures or actions were sufficient to discharge their duty

Ratio Decidendi

The defenders, through their manageress, were not in breach of their duty of care under the Occupiers Liability (Scotland) Act 1960 or at common law. The response to the diesel spill was reasonable in the circumstances, and it was not established on the balance of probabilities that the car park could have been closed before the pursuer arrived. The procedures followed did not materially contribute to the accident. The accident was foreseeable, but no actionable breach was proved.

Court Disposition

Decree of absolvitor (defenders assoilzied/dismissed)

Orders

  • Decree of absolvitor pronounced in favour of the defenders
  • Question of expenses reserved