EMMA STALKER v. GREATER GLASGOW HEALTH BOARD [2013] ScotCS CSOH_194 (13 December 2013)

EMMA STALKER v. GREATER GLASGOW HEALTH BOARD [2013] ScotCS CSOH_194 (13 December 2013)

The pursuer failed to prove that the step lacked adequate slip resistance or that the defenders breached statutory or common law duties. The step had a sufficient gradient, provided reasonable slip resistance even in heavy rain, and there was no evidence of a hazardous condition occurring with sufficient frequency or regularity. No breach of regulation 12 or negligence was established.

Citation
[2013] ScotCS CSOH_194
Parties
Pursuer: Emma Stalker; Defender: Greater Glasgow & Clyde Health Board
Jurisdiction
Scotland
Judgment Date
13 December 2013
Procedural Posture
Personal Injuries Action / Judgment After Proof
Outcome
Defenders assoilzied (absolved from liability). Decree of absolvitor granted.
Legal Topics
Workplace Safety, Slip and Fall, Workplace (health, Safety and Welfare) Regulations 1992, Negligence, Statutory Duty
Personal Injury Employment Law Health and Safety Workplace Safety Slip and Fall Workplace (health, Safety and Welfare) Regulations 1992 Negligence Statutory Duty

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Parties

Emma Stalker

Pursuer

Greater Glasgow & Clyde Health Board

Defender

Procedural Posture

Personal Injuries Action / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders were liable for the pursuer's injury under common law negligence and/or breach of statutory duty under the Workplace (Health, Safety and Welfare) Regulations 1992, regulation 12.
  2. 2 Whether the construction and condition of the steps constituted a hazard giving rise to liability.
  3. 3 Whether contributory negligence applied.

Ratio Decidendi

The pursuer failed to prove that the step lacked adequate slip resistance or that the defenders breached statutory or common law duties. The step had a sufficient gradient, provided reasonable slip resistance even in heavy rain, and there was no evidence of a hazardous condition occurring with sufficient frequency or regularity. No breach of regulation 12 or negligence was established.

Court Disposition

Defenders assoilzied (absolved from liability). Decree of absolvitor granted.

Orders

  • Decree of absolvitor granted in favour of the defenders.
  • All questions of expenses reserved.