Knox v First Scotrail Ltd [2011] ScotCS CSOH_102 (17 June 2011)

Knox v First Scotrail Ltd [2011] ScotCS CSOH_102 (17 June 2011)

The pursuer failed to prove that the safety shoes were unsuitable, too wide, or had unduly hard soles, and failed to establish any causal link between the shoes and the onset of Morton's Neuroma. The employer had properly assessed risks and provided suitable PPE. No breach of duty under the 1992 Regulations was established.

Citation
[2011] ScotCS CSOH_102
Parties
Pursuer: Raymond Knox; Defender: First Scotrail Limited
Jurisdiction
Scotland
Judgment Date
17 June 2011
Procedural Posture
Personal Injury / Liability Proof
Outcome
decree of absolvitor
Legal Topics
Personal Protective Equipment, Workplace Injury, Causation, Regulatory Compliance
Employment Law Health and Safety Law Personal Protective Equipment Workplace Injury Causation Regulatory Compliance

Case Brief

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Parties

Raymond Knox

Pursuer

First Scotrail Limited

Defender

Procedural Posture

Personal Injury / Liability Proof

Legal Issues

  1. 1 Whether the safety shoes supplied by the employer were unsuitable under the Personal Protective Equipment at Work Regulations 1992
  2. 2 Whether the safety shoes caused the pursuer to develop Morton's Neuroma
  3. 3 Whether the employer breached its duty to assess and provide suitable PPE

Ratio Decidendi

The pursuer failed to prove that the safety shoes were unsuitable, too wide, or had unduly hard soles, and failed to establish any causal link between the shoes and the onset of Morton's Neuroma. The employer had properly assessed risks and provided suitable PPE. No breach of duty under the 1992 Regulations was established.

Court Disposition

decree of absolvitor

Orders

  • All questions as to expenses reserved