Search court cases and case law in the UK


Douglas Robert Porter v. Scottish Borders Council [2008] CSOH163


Proof:- In this action the pursuer sought damages in respect of injuries sustained as a result of an accident occurring on 2 September 2005. That afternoon the pursuer had finished work for the week and visited the public toilet of the town. The pursuer worked as a joiner and was wearing his working boots which had rubber soles. The pursuer turned the corner to enter the main toilet area and lost his footing falling to the floor. He was embarrassed at having fallen into the trough of the urinal and managed to get to his feet and leave the premises. After reaching his home the circumstances of the pursuer's accident were reported to the defenders by his brother to a health and safety technician employed by the defenders. At proof it was submitted on behalf of the pursuer that he had simply lost his footing on the floor of the toilet block and there was no element of fault on his part and there was no suggestion that he was rushing or being unduly careless and thus it was submitted that there was no element of contributory negligence on his part and there was ample evidence to make a specific finding that the floor of the toilet block was wet to a material degree on the day in question and the defenders could not claim that they were not aware of such a risk. Here the court considered whether the pursuer had established that the defender failed to take reasonable care for the pursuer's safety at common law and under section 2(1) of the Occupiers Liability (Scotland) Act 1960.