McIlwraith against Blue Vale Structures LTD (Court of Session) [2024] CSOH 92 (01 October 2024)

McIlwraith against Blue Vale Structures LTD (Court of Session) [2024] CSOH 92 (01 October 2024)

The pursuer failed to prove on the balance of probabilities that his below-knee amputation was caused by Immersion Foot Syndrome resulting from working in wet conditions at the site. The evidence did not establish a causal link between the workplace exposure and the injury, given the gap between immersion and...

Source-derived case information.

Citation
[2024] CSOH 92
Parties
Pursuer: Joseph McIlwraith; Defender: Bluevale Structures Limited
Jurisdiction
Scotland
Judgment Date
01 October 2024
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
decree of absolvitor
Legal Topics
Employer's Duty of Care, Risk Assessment, Causation, Provision of Protective Equipment
Employment Law Health and Safety Personal Injury Employer's Duty of Care Risk Assessment Causation Provision of Protective Equipment

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Parties

Joseph McIlwraith

Pursuer

Bluevale Structures Limited

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Was the pursuer's below-knee amputation causally linked to his employer's breach of duty and health and safety regulations?
  2. 2 Did the pursuer suffer injury due to working in wet conditions with inadequate footwear provided by the employer?

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that his below-knee amputation was caused by Immersion Foot Syndrome resulting from working in wet conditions at the site. The evidence did not establish a causal link between the workplace exposure and the injury, given the gap between immersion and presentation to hospital, lack of consistent soaking, and absence of abnormality in the toe after the relevant period. The injury was not caused by the employer's breach of duty.

Court Disposition

decree of absolvitor

Orders

  • Pursuer's claim dismissed
  • No damages awarded