Gilchrist v ASDA Stores Ltd [2015] ScotCS CSOH_77 (17 June 2015)

Gilchrist v ASDA Stores Ltd [2015] ScotCS CSOH_77 (17 June 2015)

The pursuer failed to prove that the accident was caused by any breach of duty by the employer. The evidence showed the fall occurred while stepping down from the stool, not due to unsafe equipment or inadequate risk assessment. The dalek footstool was suitable for the task, and no breach of statutory or common law...

Source-derived case information.

Citation
[2015] ScotCS CSOH_77
Parties
Pursuer: Elizabeth Gilchrist; Defender: ASDA Stores Limited
Jurisdiction
Scotland
Judgment Date
17 June 2015
Procedural Posture
Personal Injury Damages / Judgment After Proof
Outcome
decree of absolvitor granted
Legal Topics
Employer's Duty of Care, Risk Assessment, Work Equipment Suitability, Work at Height, Manual Handling
Employment Law Health and Safety Personal Injury Employer's Duty of Care Risk Assessment Work Equipment Suitability Work at Height Manual Handling

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Elizabeth Gilchrist

Pursuer

ASDA Stores Limited

Defender

Procedural Posture

Personal Injury Damages / Judgment After Proof

Legal Issues

  1. 1 Was the employer in breach of duty by failing to provide suitable equipment and risk assessment for working at height?
  2. 2 Did the accident result from the employer's failure to provide airport style steps or implement risk assessment findings?

Ratio Decidendi

The pursuer failed to prove that the accident was caused by any breach of duty by the employer. The evidence showed the fall occurred while stepping down from the stool, not due to unsafe equipment or inadequate risk assessment. The dalek footstool was suitable for the task, and no breach of statutory or common law duty was established.

Court Disposition

decree of absolvitor granted

Orders

  • case dismissed
  • no damages awarded