Baxter v Freshbake Foods Ltd [2000] ScotCS 286 (15 November 2000)

Baxter v Freshbake Foods Ltd [2000] ScotCS 286 (15 November 2000)

The pursuer failed to establish on the evidence that her accident occurred as averred or that any breach of statutory duty by the defenders caused her accident. The floor was found to be safe, and water on it would not cause slipping. There was insufficient evidence of water or breach.

Citation
[2000] ScotCS 286
Parties
Pursuer: Anne-Marie Baxter; Defender: Freshbake Frozen Foods Limited
Jurisdiction
Scotland
Judgment Date
15 November 2000
Procedural Posture
Personal Injury / Judgment After Trial
Outcome
pursuer's case dismissed; defenders assoilzied
Legal Topics
Workplace Accident, Liability for Slip and Fall, Statutory Breach, Evidence Assessment
Employment Law Personal Injury Workplace Accident Liability for Slip and Fall Statutory Breach Evidence Assessment

Case Brief

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Parties

Anne-Marie Baxter

Pursuer

Freshbake Frozen Foods Limited

Defender

Procedural Posture

Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Whether the pursuer established the circumstances and cause of her accident
  2. 2 Whether the defenders breached statutory regulations regarding workplace safety
  3. 3 Whether water on the floor constituted a breach of duty

Ratio Decidendi

The pursuer failed to establish on the evidence that her accident occurred as averred or that any breach of statutory duty by the defenders caused her accident. The floor was found to be safe, and water on it would not cause slipping. There was insufficient evidence of water or breach.

Court Disposition

pursuer's case dismissed; defenders assoilzied

Orders

  • Pursuer's pleas-in-law repelled
  • Defenders' second and third pleas-in-law sustained