Struthers-Wright v. Nevis Range Development Company Plc [2006] ScotCS CSOH_68 (04 May 2006)

Struthers-Wright v. Nevis Range Development Company Plc [2006] ScotCS CSOH_68 (04 May 2006)

There is no legal duty on occupiers to warn or protect against obvious natural features such as cliff edges. The pursuer failed to establish a factual basis for negligence, and the accident was not caused by any breach of duty by the defenders.

Citation
[2006] ScotCS CSOH_68
Parties
Pursuer: Peter Alastair Struthers-Wright; Defender: Nevis Range Development Company PLC
Jurisdiction
Scotland
Judgment Date
04 May 2006
Procedural Posture
Personal Injury Action / Proof on Liability
Outcome
defenders assoilzied
Legal Topics
Duty of Care, Obvious Dangers, Skiing Accidents, Warning Signs, Natural Features
Tort Occupiers' Liability Duty of Care Obvious Dangers Skiing Accidents Warning Signs Natural Features

Case Brief

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Parties

Peter Alastair Struthers-Wright

Pursuer

Nevis Range Development Company PLC

Defender

Procedural Posture

Personal Injury Action / Proof on Liability

Legal Issues

  1. 1 Whether the defenders owed a duty to warn or protect against the natural feature of the cliff edge under the Occupiers' Liability (Scotland) Act 1960
  2. 2 Whether the defenders failed to take reasonable care to prevent injury to the pursuer
  3. 3 Whether the accident was caused by the pursuer's own fault

Ratio Decidendi

There is no legal duty on occupiers to warn or protect against obvious natural features such as cliff edges. The pursuer failed to establish a factual basis for negligence, and the accident was not caused by any breach of duty by the defenders.

Court Disposition

defenders assoilzied

Orders

  • Case put out By Order for further procedure.