Graham v. Sky In-home Service Ltd [2002] ScotCS 328 (24 December 2002)
The pursuer failed to prove on the balance of probabilities that his injury was caused by a fall from the ladder at work; inconsistencies in his account, lack of contemporaneous reporting, and medical evidence undermined his case. Therefore, the defenders are not liable.
- Citation
- [2002] ScotCS 328
- Parties
- Pursuer: Paul Graham; Defenders: Sky In-home Service Ltd
- Jurisdiction
- Scotland
- Judgment Date
- 24 December 2002
- Procedural Posture
- Personal Injury Claim (workplace Accident) / Proof Restricted to Liability
- Outcome
- Defenders assoilzied; decree of absolvitor pronounced.
- Legal Topics
- Workplace Injury, Employer Liability, Burden of Proof, Construction (health, Safety and Welfare) Regulations 1996
Case Brief
Summary, issues, holding and outcome
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Parties
Paul Graham
Pursuer
Sky In-home Service Ltd
Defenders
Procedural Posture
Personal Injury Claim (workplace Accident) / Proof Restricted to Liability
Legal Issues
- 1 Whether the pursuer sustained his injury as a result of a fall from a ladder at work
- 2 Whether the defenders are liable for the injury under health and safety regulations
Ratio Decidendi
The pursuer failed to prove on the balance of probabilities that his injury was caused by a fall from the ladder at work; inconsistencies in his account, lack of contemporaneous reporting, and medical evidence undermined his case. Therefore, the defenders are not liable.
Court Disposition
Defenders assoilzied; decree of absolvitor pronounced.
Orders
- Sustain the second and third pleas-in-law for the defenders.
- Repel the pursuer's pleas.
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