McGhee v Strathclyde Fire Brigade [2002] ScotCS 16 (18th January, 2002)

McGhee v Strathclyde Fire Brigade [2002] ScotCS 16 (18th January, 2002)

The court found that the floor, having been recently polished, presented a real and appreciable, albeit relatively low, risk of slipping, which was sufficient to constitute a breach of Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992. The presence of polish played a material part in creating the slippery condition, and the pursuer's injury resulted from this breach. Alternatively, the construction of the floor was such as to expose a person to a risk to safety, breaching Regulation 12(1) as read with 12(2).

Citation
[2002] ScotCS 16
Parties
Pursuer: Alexander McGhee; Defender: Strathclyde Fire Brigade
Jurisdiction
Scotland
Procedural Posture
Personal Injury Workplace Accident / Judgment After Proof (trial)
Outcome
Judgment for the pursuer
Legal Topics
Workplace Safety, Breach of Statutory Duty, Slipping Accidents, Interpretation of Health and Safety Regulations
Employment Law Health and Safety Law Personal Injury Workplace Safety Breach of Statutory Duty Slipping Accidents Interpretation of Health and Safety Regulations

Case Brief

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Parties

Alexander McGhee

Pursuer

Strathclyde Fire Brigade

Defender

Procedural Posture

Personal Injury Workplace Accident / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders breached Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations 1992 by failing to ensure the floor was not slippery and free from substances that may cause slipping
  2. 2 Whether the construction or condition of the floor posed a real risk to health or safety under the Regulations

Ratio Decidendi

The court found that the floor, having been recently polished, presented a real and appreciable, albeit relatively low, risk of slipping, which was sufficient to constitute a breach of Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992. The presence of polish played a material part in creating the slippery condition, and the pursuer's injury resulted from this breach. Alternatively, the construction of the floor was such as to expose a person to a risk to safety, breaching Regulation 12(1) as read with 12(2).

Court Disposition

Judgment for the pursuer

Orders

  • Defenders' pleas 1-5 repelled
  • Pursuer's first plea sustained