Kirk v Fife Council [2001] ScotCS 256 (8 November 2001)

Kirk v Fife Council [2001] ScotCS 256 (8 November 2001)

The defenders breached their statutory duty by permitting play on a wet floor, which caused the pursuer's injury; the pursuer was not contributorily negligent as his participation was influenced by the defenders' policy and the conduct of regular players.

Citation
[2001] ScotCS 256
Parties
Pursuer: Scott McKenzie Kirk; Defenders: Fife Council
Jurisdiction
Scotland
Judgment Date
08 November 2001
Procedural Posture
Personal Injury Claim Under Occupiers Liability (scotland) Act 1960 / Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Duty of Care, Contributory Negligence, Liability for Injuries on Premises
Tort Personal Injury Occupiers Liability Duty of Care Contributory Negligence Liability for Injuries on Premises

Case Brief

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Parties

Scott McKenzie Kirk

Pursuer

Fife Council

Defenders

Procedural Posture

Personal Injury Claim Under Occupiers Liability (scotland) Act 1960 / Judgment After Proof

Legal Issues

  1. 1 Was there water on the floor of the Sports Hall at the time of the accident?
  2. 2 Did the presence of water cause the pursuer's injury?
  3. 3 Was the pursuer contributorily negligent by playing despite knowledge of the risk?

Ratio Decidendi

The defenders breached their statutory duty by permitting play on a wet floor, which caused the pursuer's injury; the pursuer was not contributorily negligent as his participation was influenced by the defenders' policy and the conduct of regular players.

Court Disposition

judgment for pursuer

Orders

  • Repel pleas-in-law 1 to 5 for the defenders.
  • Sustain the first plea-in-law for the pursuer.