Wardle v. Scottish Borders Council [2011] ScotSC 15 (31 January 2011)

Wardle v. Scottish Borders Council [2011] ScotSC 15 (31 January 2011)

The exposed rafters constituted a foreseeable danger to children; the defenders failed to take reasonable and practicable steps to render them inaccessible, breaching their statutory duty of care. The accident would not have occurred had the rafters been boarded up. The child was 50% contributorily negligent due to awareness of risk and recent warning.

Citation
[2011] ScotSC 15
Parties
Pursuer and Appellant: Lisa Wardle; Defenders and Respondents: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
31 January 2011
Procedural Posture
Personal Injury Appeal / Appeal Judgment
Outcome
appeal sustained; decree recalled; damages awarded with reduction for contributory negligence
Legal Topics
Duty of Care, Foreseeability, Contributory Negligence, Child Safety, School Premises Liability
Tort Personal Injury Occupiers' Liability Duty of Care Foreseeability Contributory Negligence Child Safety School Premises Liability

Case Brief

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Parties

Lisa Wardle

Pursuer and Appellant

Scottish Borders Council

Defenders and Respondents

Procedural Posture

Personal Injury Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the defenders breached their duty of care under section 2(1) of the Occupiers Liability (Scotland) Act 1960
  2. 2 Whether the accident was foreseeable
  3. 3 Extent of contributory negligence by the child

Ratio Decidendi

The exposed rafters constituted a foreseeable danger to children; the defenders failed to take reasonable and practicable steps to render them inaccessible, breaching their statutory duty of care. The accident would not have occurred had the rafters been boarded up. The child was 50% contributorily negligent due to awareness of risk and recent warning.

Court Disposition

appeal sustained; decree recalled; damages awarded with reduction for contributory negligence

Orders

  • Defenders to pay pursuer £2,000 sterling with 8% interest per annum from 17 June 2009 until payment
  • Defenders liable for expenses on ordinary cause scale; account remitted to Auditor of Court to tax and report