Davis v. Univsity Of Aberdeen [2011] ScotSC 14 (25 February 2011)

The defenders failed to discharge the onus of showing that all reasonably practicable steps were taken to keep Meston Walk free from ice; no consideration was given to alternative precautions or to keeping employees away from the hazardous area, resulting in a breach of statutory duty and liability for the pursuer's injuries.

Citation: [2011] ScotSC 14
Parties: Pursuer: Anthony Davis; Defender: University of Aberdeen
Jurisdiction: Scotland
Judgment Date: 25 February 2011
Procedural Posture: Personal Injury / Breach of Statutory Duty / Judgment After Trial
Outcome: Decree for the pursuer.
Legal Topics: Workplace Safety, Employer's Duty of Care, Slips and Trips at Work, Reasonably Practicable Precautions, Workplace (health, Safety and Welfare) Regulations 1992

Employment Law Health and Safety Law Personal Injury Workplace Safety Employer's Duty of Care Slips and Trips at Work Reasonably Practicable Precautions Workplace (health, Safety and Welfare) Regulations 1992

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Parties

Anthony Davis

Pursuer

University of Aberdeen

Defender

Procedural Posture

Personal Injury / Breach of Statutory Duty / Judgment After Trial

Legal Issues

1 Whether the defenders took all reasonably practicable steps to keep Meston Walk free from ice under Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992
2 Whether the pursuer's injury was caused by breach of statutory duty

Ratio Decidendi

Court Disposition

Decree for the pursuer.

Orders

Defenders to pay the pursuer £3,914 with interest at 8% per annum from the date of decree until payment.
Hearing appointed on interest on solatium prior to decree and on expenses.