McLeish v Lothian NHS Board [2017] ScotCS CSOH_71 (28 April 2017)

McLeish v Lothian NHS Board [2017] ScotCS CSOH_71 (28 April 2017)

The defender failed to deploy a wet floor sign or provide a verbal warning, contrary to its own system of work and statutory requirements. The absence of warning led the pursuer to believe the floor was not wet, directly causing her injury. No contributory negligence was established as no warning was given and the hazard was not obvious.

Citation
[2017] ScotCS CSOH_71
Parties
Pursuer: Kathleen Ann McLeish; Defender: Lothian NHS Board
Jurisdiction
Scotland
Judgment Date
28 April 2017
Procedural Posture
Personal Injury / Proof on Liability and Quantum
Outcome
Defender found liable; pursuer entitled to damages.
Legal Topics
Workplace Safety, Statutory Breach, Contributory Negligence, Personal Injury, Early Retirement, Depressive Disorder, Complex Regional Pain Syndrome
Tort Employment Law Health and Safety Workplace Safety Statutory Breach Contributory Negligence Personal Injury Early Retirement +2 more

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Parties

Kathleen Ann McLeish

Pursuer

Lothian NHS Board

Defender

Procedural Posture

Personal Injury / Proof on Liability and Quantum

Legal Issues

  1. 1 Whether the defender breached Regulation 12(3) of the Workplace (Health, Safety & Welfare) Regulations 1992 by failing to warn of a wet floor
  2. 2 Whether the pursuer was contributorily negligent
  3. 3 Causation and quantum of damages

Ratio Decidendi

The defender failed to deploy a wet floor sign or provide a verbal warning, contrary to its own system of work and statutory requirements. The absence of warning led the pursuer to believe the floor was not wet, directly causing her injury. No contributory negligence was established as no warning was given and the hazard was not obvious.

Court Disposition

Defender found liable; pursuer entitled to damages.

Orders

  • Defender to pay damages to pursuer as agreed in joint minute for specified heads of loss.
  • No reduction for contributory negligence.