DION WILKINSON AGAINST HJALTLAND HOUSING ASSOCIATION Ltd [2015] ScotSC 22 (20 March 2015)

DION WILKINSON AGAINST HJALTLAND HOUSING ASSOCIATION Ltd [2015] ScotSC 22 (20 March 2015)

The defenders, as landlords and persons in control of the workplace, owed statutory duties under the Workplace (Health, Safety and Welfare) Regulations 1992 and the Occupiers Liability (Scotland) Act 1960 to the pursuer. They failed to ensure the traffic route was safe by leaving an unmarked hole after removal of a water feature, causing the pursuer's injury. Liability is strict under the regulations and not avoided by use of independent contractors. No deduction for contributory negligence is warranted as the danger was not obvious and the pursuer's actions were reasonable.

Citation
[2015] ScotSC 22
Parties
Pursuer: Dion Wilkinson; Defender: Hjaltland Housing Association Limited
Jurisdiction
Scotland
Judgment Date
20 March 2015
Procedural Posture
Personal Injury / Reparation / Liability Judgment Following Proof; Damages and Expenses Reserved for Further Hearing
Outcome
Defenders found liable to make reparation to pursuer for injuries sustained; damages and expenses reserved for further hearing.
Legal Topics
Workplace (health, Safety and Welfare) Regulations 1992, Occupiers Liability (scotland) Act 1960, Strict Liability, Control of Premises, Duty of Care, Independent Contractor Liability, Contributory Negligence
Health and Safety Occupiers Liability Statutory Interpretation Workplace (health, Safety and Welfare) Regulations 1992 Occupiers Liability (scotland) Act 1960 Strict Liability Control of Premises Duty of Care +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Dion Wilkinson

Pursuer

Hjaltland Housing Association Limited

Defender

Procedural Posture

Personal Injury / Reparation / Liability Judgment Following Proof; Damages and Expenses Reserved for Further Hearing

Legal Issues

  1. 1 Whether the defenders owed statutory duties under the Workplace (Health, Safety and Welfare) Regulations 1992 to the pursuer
  2. 2 Whether the defenders owed a duty under the Occupiers Liability (Scotland) Act 1960
  3. 3 Whether the defenders breached those duties by failing to make safe a hole left by removal of a water feature

Ratio Decidendi

The defenders, as landlords and persons in control of the workplace, owed statutory duties under the Workplace (Health, Safety and Welfare) Regulations 1992 and the Occupiers Liability (Scotland) Act 1960 to the pursuer. They failed to ensure the traffic route was safe by leaving an unmarked hole after removal of a water feature, causing the pursuer's injury. Liability is strict under the regulations and not avoided by use of independent contractors. No deduction for contributory negligence is warranted as the danger was not obvious and the pursuer's actions were reasonable.

Court Disposition

Defenders found liable to make reparation to pursuer for injuries sustained; damages and expenses reserved for further hearing.

Orders

  • Appoints cause to hearing within Sheriff Court, King Erik Street, Lerwick on 17 April 2015 at 10:00am to identify further procedure.
  • Reserves question of expenses of proof on 24 November 2014.