McKenzie v Bonar Yarns & Fabrics Ltd [2006] ScotCS CSOH_23 (09 February 2006)

McKenzie v Bonar Yarns & Fabrics Ltd [2006] ScotCS CSOH_23 (09 February 2006)

The defenders failed to take appropriate steps to reduce the risk of injury from doffing cobwebbed spools to the lowest level reasonably practicable, as required by the Manual Handling Operations Regulations 1992. The risk assessments did not address the specific risk of cobwebbing, and reasonably practicable steps such as providing a platform or requiring maintenance staff intervention were not implemented. The pursuer established breach of statutory and common law duties. However, the pursuer was found contributorily negligent to the extent of 25% for leaving the spool in a precarious position while putting away his knife.

Citation
[2006] ScotCS CSOH_23
Parties
Pursuer: David Duncan McKenzie; Defender: Bonar Yarns & Fabrics Limited
Jurisdiction
Scotland
Judgment Date
09 February 2006
Procedural Posture
Personal Injury / Judgment After Proof on Liability
Outcome
Pursuer succeeds; damages awarded subject to 25% reduction for contributory negligence.
Legal Topics
Manual Handling Operations, Workplace Safety, Risk Assessment, Contributory Negligence
Employment Law Personal Injury Health and Safety Manual Handling Operations Workplace Safety Risk Assessment Contributory Negligence

Case Brief

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Parties

David Duncan McKenzie

Pursuer

Bonar Yarns & Fabrics Limited

Defender

Procedural Posture

Personal Injury / Judgment After Proof on Liability

Legal Issues

  1. 1 Whether the defenders breached their statutory duty under the Manual Handling Operations Regulations 1992 by failing to take appropriate steps to reduce the risk of injury to the lowest level reasonably practicable when doffing cobwebbed spools; whether the defenders failed in their common law duty to provide a safe system of work; whether the pursuer was contributorily negligent.

Ratio Decidendi

The defenders failed to take appropriate steps to reduce the risk of injury from doffing cobwebbed spools to the lowest level reasonably practicable, as required by the Manual Handling Operations Regulations 1992. The risk assessments did not address the specific risk of cobwebbing, and reasonably practicable steps such as providing a platform or requiring maintenance staff intervention were not implemented. The pursuer established breach of statutory and common law duties. However, the pursuer was found contributorily negligent to the extent of 25% for leaving the spool in a precarious position while putting away his knife.

Court Disposition

Pursuer succeeds; damages awarded subject to 25% reduction for contributory negligence.

Orders

  • Defenders to pay the pursuer £21,273 in damages apportioned as follows: £10,458 for solatium, £9,315 for past wage loss, £1,500 for services, with interest as specified.