Waddell v Peebled Hotel (Hydropathic) Ltd [2004] ScotCS 149 (23 June 2004)

Waddell v Peebled Hotel (Hydropathic) Ltd [2004] ScotCS 149 (23 June 2004)

The pursuer failed to prove, on the balance of probabilities, that the floor was unduly slippery or hazardous, or that the defenders had knowledge or ought to have had knowledge of any such danger. The defenders maintained the floor appropriately, responded to incidents, and there was insufficient evidence of breach of duty or causation. Accordingly, no liability arises under the Occupiers' Liability (Scotland) Act 1960.

Citation
[2004] ScotCS 149
Parties
Pursuer: Marney Elizabeth Anne Waddell; Defender: Peebles Hotel (Hydropathic) Limited
Jurisdiction
Scotland
Judgment Date
23 June 2004
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
decree of absolvitor granted
Legal Topics
Slip and Fall, Duty of Care, Standard of Care, Evidence of Negligence
Tort Occupiers' Liability Slip and Fall Duty of Care Standard of Care Evidence of Negligence

Case Brief

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Parties

Marney Elizabeth Anne Waddell

Pursuer

Peebles Hotel (Hydropathic) Limited

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Was the dance floor in a dangerous condition due to excessive slipperiness?
  2. 2 Did the defenders fail in their duty of reasonable care under the Occupiers' Liability (Scotland) Act 1960?
  3. 3 Were the defenders aware, or ought they to have been aware, of any risk of slipping?

Ratio Decidendi

The pursuer failed to prove, on the balance of probabilities, that the floor was unduly slippery or hazardous, or that the defenders had knowledge or ought to have had knowledge of any such danger. The defenders maintained the floor appropriately, responded to incidents, and there was insufficient evidence of breach of duty or causation. Accordingly, no liability arises under the Occupiers' Liability (Scotland) Act 1960.

Court Disposition

decree of absolvitor granted

Orders

  • Action dismissed; defenders absolved of liability.