Craigie v. Lanarkshire Health Board & Anor [2005] ScotCS CSOH_118 (30 August 2005)

The defenders failed to ensure the pavement was salted or gritted immediately after snow clearance, which was reasonably practicable and would have prevented the formation of ice. This breach of statutory and common law duties caused the pursuer's accident.

Citation: [2005] ScotCS CSOH_118
Parties: Pursuer: Jean Craigie; Defender: Lanarkshire Health Board; Third Party: Prospect Healthcare (Hairmyres) Limited
Jurisdiction: Scotland
Judgment Date: 30 August 2005
Procedural Posture: Personal Injury Action / Judgment After Proof (trial)
Outcome: Decree for pursuer with reduction for contributory negligence
Legal Topics: Workplace Safety, Employer Liability, Contributory Negligence, Statutory Duty Under Workplace (health, Safety and Welfare) Regulations 1992

Employment Law Health and Safety Personal Injury Workplace Safety Employer Liability Contributory Negligence Statutory Duty Under Workplace (health, Safety and Welfare) Regulations 1992

Case Brief

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Parties

Jean Craigie

Pursuer

Lanarkshire Health Board

Defender

Prospect Healthcare (Hairmyres) Limited

Third Party

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

1 Whether the defenders breached statutory and common law duties regarding workplace safety
2 Whether the accident was caused by failure to salt/grit the pavement
3 Whether contributory negligence applies

Ratio Decidendi

Court Disposition

Decree for pursuer with reduction for contributory negligence

Orders

Defenders to pay £6,000 to pursuer with interest at judicial rate from date of decree
Defenders liable in expenses occasioned by amendment