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Alexander Bloomfield Wilson v. BAE Systems plc [2007] CSOH 79


On 27 March 2003, at around 0625 hours, the pursuer left his job as a site supervisor with Reliance Security Services Limited to go home. The pursuer fell and injured his right ankle - he claimed that he tripped over a manhole cover. Here the pursuer claimed damages from the defenders for the fall. Liability was the issue here as quantum had been agreed. The pursuer claimed that the manhole cover was not properly located and was protruding into the pathway down which the pursuer was walking. The pursuer based the claim on an alleged breach by the defenders of Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992. The defenders conceded that if the court held that the manhole cover was incorrectly placed, so as to protrude onto the pathway, that would constitute a breach of Regulation 12(3).