GEORGE McEWAN v LOTHIAN BUSES PLC [2006] ScotCS CSOH_56_2 (04 April 2006)

GEORGE McEWAN v LOTHIAN BUSES PLC [2006] ScotCS CSOH_56_2 (04 April 2006)

The defenders breached regulation 12(3) by failing to ensure the workplace was free from slippery substances; they did not prove it was not reasonably practicable to prevent the spillage and accident. The pursuer was primarily responsible for the spillage and failing to clean it, warranting a 75% reduction for contributory negligence.

Citation
[2006] ScotCS CSOH_56_2
Parties
Pursuer: George McEwan; Defender: Lothian Buses PLC
Jurisdiction
Scotland
Judgment Date
04 April 2006
Procedural Posture
Personal Injury / Judgment After Proof on Liability
Outcome
decree for pursuer with reduction for contributory negligence
Legal Topics
Workplace Accident, Statutory Duty, Contributory Negligence
Employment Law Health and Safety Personal Injury Workplace Accident Statutory Duty Contributory Negligence

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Parties

George McEwan

Pursuer

Lothian Buses PLC

Defender

Procedural Posture

Personal Injury / Judgment After Proof on Liability

Legal Issues

  1. 1 Date of accident
  2. 2 Responsibility for coolant spillage
  3. 3 Breach of statutory duty under Workplace (Health, Safety and Welfare) Regulations 1992

Ratio Decidendi

The defenders breached regulation 12(3) by failing to ensure the workplace was free from slippery substances; they did not prove it was not reasonably practicable to prevent the spillage and accident. The pursuer was primarily responsible for the spillage and failing to clean it, warranting a 75% reduction for contributory negligence.

Court Disposition

decree for pursuer with reduction for contributory negligence

Orders

  • Defenders liable to pursuer for damages reduced by 75% for contributory negligence
  • Pursuer awarded £1,125 plus interest at 8% per year from 17 March 2006 until payment