Gillie v Scottish Borders Council [2013] ScotCS CSOH_76 (17 May 2013)

Gillie v Scottish Borders Council [2013] ScotCS CSOH_76 (17 May 2013)

The risk of Vaseline being placed or dropped on the stair on prank day was very low and not reasonably foreseeable; the additional measures required to eliminate that risk would have been disproportionate to the risk. Therefore, it was not reasonably practicable for the defenders to ensure the stair was kept free of the substance, and no breach of regulation 12(3) occurred.

Citation
[2013] ScotCS CSOH_76
Parties
Pursuer: Linda Mary Gillie; Defender: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
17 May 2013
Procedural Posture
Personal Injury / Proof on Liability Only
Outcome
decree of absolvitor granted
Legal Topics
Workplace Safety, Reasonably Practicable Standard, Employer Liability, Workplace (health, Safety & Welfare) Regulations 1992, Prank Day Incidents
Employment Law Health and Safety Law Personal Injury Workplace Safety Reasonably Practicable Standard Employer Liability Workplace (health, Safety & Welfare) Regulations 1992 Prank Day Incidents

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Parties

Linda Mary Gillie

Pursuer

Scottish Borders Council

Defender

Procedural Posture

Personal Injury / Proof on Liability Only

Legal Issues

  1. 1 Whether the defenders breached regulation 12(3) of the Workplace (Health, Safety & Welfare) Regulations 1992 by failing to keep the stair free from substances which may cause a person to slip
  2. 2 Whether it was reasonably practicable for the defenders to prevent the presence of Vaseline on the stair on prank day

Ratio Decidendi

The risk of Vaseline being placed or dropped on the stair on prank day was very low and not reasonably foreseeable; the additional measures required to eliminate that risk would have been disproportionate to the risk. Therefore, it was not reasonably practicable for the defenders to ensure the stair was kept free of the substance, and no breach of regulation 12(3) occurred.

Court Disposition

decree of absolvitor granted

Orders

  • Defenders absolved of liability
  • Question of expenses reserved