O'Neill v University of the West of Scotland [2011] ScotCS CSOH_52 (18 March 2011)

The defenders breached Regulation 12(1) by failing to adequately highlight the hazardous step, which presented a real risk of injury. The pursuer was not contributorily negligent as there was no clear warning of the hazard and she reasonably believed the floor was flat.

Citation: [2011] ScotCS CSOH_52
Parties: Pursuer: Eileen Jane O'Neill; Defender: University of the West of Scotland
Jurisdiction: Scotland
Judgment Date: 18 March 2011
Procedural Posture: Personal Injury Damages / Judgment After Proof
Outcome: decree for payment in favour of pursuer
Legal Topics: Workplace Safety, Employer Liability, Contributory Negligence

Employment Law Health and Safety Personal Injury Workplace Safety Employer Liability Contributory Negligence

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Parties

Eileen Jane O'Neill

Pursuer

University of the West of Scotland

Defender

Procedural Posture

Personal Injury Damages / Judgment After Proof

Legal Issues

1 Whether the defenders breached their statutory duty under the Workplace (Health, Safety and Welfare) Regulations 1992 by failing to adequately highlight a hazardous step
2 Whether the pursuer was contributorily negligent

Ratio Decidendi

Court Disposition

decree for payment in favour of pursuer

Orders

Defenders to pay pursuer £15,500 with interest at 8% per annum from 2 March 2011 until payment
All questions of expenses reserved