Miller (AP) v Perth & Kinross Council [2001] ScotCS 292 (14 December 2001)

Miller (AP) v Perth & Kinross Council [2001] ScotCS 292 (14 December 2001)

The defenders breached Regulation 8(1) by failing to provide suitable and sufficient lighting at the relevant workplace, and this breach was a material cause of the pursuer's accident and injury; no contributory negligence was established.

Citation
[2001] ScotCS 292
Parties
Pursuer: Mary Miller; Defender: Perth & Kinross Council
Jurisdiction
Scotland
Judgment Date
14 December 2001
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Workplace Lighting, Workplace (health, Safety and Welfare) Regulations 1992, Causation, Contributory Negligence
Employment Law Health and Safety Law Personal Injury Workplace Lighting Workplace (health, Safety and Welfare) Regulations 1992 Causation Contributory Negligence

Case Brief

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Parties

Mary Miller

Pursuer

Perth & Kinross Council

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Whether the workplace had suitable and sufficient lighting as required by Regulation 8(1) of the Workplace (Health, Safety and Welfare) Regulations 1992
  2. 2 Whether breach of Regulation 8(1) caused the pursuer's accident and injury
  3. 3 Whether the pursuer was contributorily negligent

Ratio Decidendi

The defenders breached Regulation 8(1) by failing to provide suitable and sufficient lighting at the relevant workplace, and this breach was a material cause of the pursuer's accident and injury; no contributory negligence was established.

Court Disposition

judgment for pursuer

Orders

  • Sustain pursuer's first plea-in-law
  • Repel defenders' pleas 3 to 6 inclusive