McClusky v. Aberdeenshire Council [2007] ScotSC 8 (21 February 2007)

McClusky v. Aberdeenshire Council [2007] ScotSC 8 (21 February 2007)

The defender breached its duty of care under the Occupiers Liability (Scotland) Act 1960 by failing to implement an adequate inspection regime, resulting in a hazardous loose or missing slab on the steps, which caused the pursuer's injury. The pursuer was contributorily negligent by failing to watch where she was placing her feet, warranting a 30% reduction in damages.

Citation
[2007] ScotSC 8
Parties
Pursuer: Jemima McClusky; Defender: Aberdeenshire Council
Jurisdiction
Scotland
Judgment Date
21 February 2007
Procedural Posture
Civil Personal Injury (reparation) / Judgment After Proof
Outcome
Decree for pursuer with reduction for contributory negligence
Legal Topics
Duty of Care, Negligence, Contributory Negligence, Inspection Regime, Personal Injury, Statutory Liability
Tort Occupiers' Liability Duty of Care Negligence Contributory Negligence Inspection Regime Personal Injury Statutory Liability

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Parties

Jemima McClusky

Pursuer

Aberdeenshire Council

Defender

Procedural Posture

Civil Personal Injury (reparation) / Judgment After Proof

Legal Issues

  1. 1 Whether Aberdeenshire Council breached its duty of care under the Occupiers Liability (Scotland) Act 1960 by failing to maintain safe steps at Meethill Shopping Centre.
  2. 2 Whether the inspection regime implemented by the defender was adequate to discharge its duty of care.
  3. 3 Whether the pursuer was contributorily negligent in failing to watch where she was placing her feet.

Ratio Decidendi

The defender breached its duty of care under the Occupiers Liability (Scotland) Act 1960 by failing to implement an adequate inspection regime, resulting in a hazardous loose or missing slab on the steps, which caused the pursuer's injury. The pursuer was contributorily negligent by failing to watch where she was placing her feet, warranting a 30% reduction in damages.

Court Disposition

Decree for pursuer with reduction for contributory negligence

Orders

  • Defender to pay pursuer £4,200 sterling with interest at 8% per annum from date of decree until payment.
  • Expenses reserved for further hearing.