Wallace v Glasgow City Council [2011] ScotCS CSIH_57 (26 August 2011)

Wallace v Glasgow City Council [2011] ScotCS CSIH_57 (26 August 2011)

Glasgow City Council breached its statutory duty by failing to carry out a suitable and sufficient risk assessment regarding the operation of opening the window in the staff toilet, particularly given the absence of a window pole and the foreseeable risk to shorter staff members. This breach, combined with the requirements of Regulation 15, established liability for the pursuer's injuries. However, the pursuer's deliberate act of standing on the toilet bowl constituted contributory negligence, warranting a 50% reduction in damages.

Citation
[2011] ScotCS CSIH_57
Parties
Pursuer and Reclaimer: Marie Ann Wallace; Defenders and Respondents: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
26 August 2011
Procedural Posture
Personal Injury Claim (reclaiming Motion) / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
appeal allowed; liability established with contributory negligence
Legal Topics
Statutory Duty, Risk Assessment, Workplace Safety, Contributory Negligence
Employment Law Health and Safety Personal Injury Statutory Duty Risk Assessment Workplace Safety Contributory Negligence

Case Brief

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Parties

Marie Ann Wallace

Pursuer and Reclaimer

Glasgow City Council

Defenders and Respondents

Procedural Posture

Personal Injury Claim (reclaiming Motion) / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether Glasgow City Council breached statutory duties under the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management of Health and Safety at Work Regulations 1999 by failing to provide a window pole and failing to carry out a suitable risk assessment, resulting in injury to the pursuer.
  2. 2 Whether the pursuer was contributorily negligent in standing on the toilet bowl to open the window.

Ratio Decidendi

Glasgow City Council breached its statutory duty by failing to carry out a suitable and sufficient risk assessment regarding the operation of opening the window in the staff toilet, particularly given the absence of a window pole and the foreseeable risk to shorter staff members. This breach, combined with the requirements of Regulation 15, established liability for the pursuer's injuries. However, the pursuer's deliberate act of standing on the toilet bowl constituted contributory negligence, warranting a 50% reduction in damages.

Court Disposition

appeal allowed; liability established with contributory negligence

Orders

  • Lord Ordinary's interlocutor recalled
  • Decree granted in favour of Wallace for payment of £15,900 by Glasgow City Council