BRIAN CLARK v. NORTH OF SCOTLAND WATER AUTHORITY [1998] ScotSC 2 (2nd November, 1998)

BRIAN CLARK v. NORTH OF SCOTLAND WATER AUTHORITY [1998] ScotSC 2 (2nd November, 1998)

The pursuer's accident was caused by the defender's breach of Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992, as the bag of salt constituted an obstruction on a traffic route in the workplace and it was reasonably practicable to remove it. The pursuer was contributorily negligent to the extent of 50% for failing to keep a proper lookout, but the defender's statutory breach was the primary cause of the accident and injury.

Citation
[1998] ScotSC 2
Parties
Pursuer: Brian Clark; Defender: North of Scotland Water Authority
Jurisdiction
Scotland
Procedural Posture
Personal Injury/reparation / Judgment After Proof
Outcome
Decree for the pursuer in part; defender found liable for breach of statutory duty under Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992; contributory negligence assessed at 50%.
Legal Topics
Workplace Safety, Employer's Liability, Occupiers' Liability, Contributory Negligence, Statutory Duty, Damages Assessment
Employment Law Health and Safety Law Personal Injury Workplace Safety Employer's Liability Occupiers' Liability Contributory Negligence Statutory Duty +1 more

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Parties

Brian Clark

Pursuer

North of Scotland Water Authority

Defender

Procedural Posture

Personal Injury/reparation / Judgment After Proof

Legal Issues

  1. 1 Whether the defender breached common law duty to provide a safe workplace
  2. 2 Whether the defender breached statutory duties under the Occupiers' Liability (Scotland) Act 1960 and the Workplace (Health, Safety and Welfare) Regulations 1992
  3. 3 Whether the pursuer was contributorily negligent and to what extent

Ratio Decidendi

The pursuer's accident was caused by the defender's breach of Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992, as the bag of salt constituted an obstruction on a traffic route in the workplace and it was reasonably practicable to remove it. The pursuer was contributorily negligent to the extent of 50% for failing to keep a proper lookout, but the defender's statutory breach was the primary cause of the accident and injury.

Court Disposition

Decree for the pursuer in part; defender found liable for breach of statutory duty under Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992; contributory negligence assessed at 50%.

Orders

  • Pursuer awarded £6,008.28 sterling with interest at 8% per annum from 2 November 1998 until payment.
  • All questions of expenses reserved for further hearing.