McLachlan v Early Learning Centre Ltd [2011] ScotCS CSOH_25 (03 February 2011)

McLachlan v Early Learning Centre Ltd [2011] ScotCS CSOH_25 (03 February 2011)

The pursuer was contributorily negligent by placing her foot on the racking, contrary to training, which caused the ladder to collapse. Damages are reduced by 25% to reflect this. The accident accelerated her back pain symptoms by five years, and damages are assessed accordingly.

Citation
[2011] ScotCS CSOH_25
Parties
Pursuer: Elizabeth McLachlan; Defender: Early Learning Centre Limited
Jurisdiction
Scotland
Judgment Date
03 February 2011
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
decree for payment
Legal Topics
Workplace Accident, Contributory Negligence, Quantification of Damages
Employment Law Personal Injury Workplace Accident Contributory Negligence Quantification of Damages

Case Brief

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Parties

Elizabeth McLachlan

Pursuer

Early Learning Centre Limited

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Was the pursuer contributorily negligent in the workplace accident?
  2. 2 What is the appropriate quantum of damages for the injuries sustained?

Ratio Decidendi

The pursuer was contributorily negligent by placing her foot on the racking, contrary to training, which caused the ladder to collapse. Damages are reduced by 25% to reflect this. The accident accelerated her back pain symptoms by five years, and damages are assessed accordingly.

Court Disposition

decree for payment

Orders

  • Defenders to pay pursuer £9,600 after deduction of 25% for contributory negligence.