Description
The pursuer had an accident at work on 30 May 2003 when a drinks dispensing machine, from which she obtained hot water for pots of tea or coffee, malfunctioned, and fell heavily to the floor, sustaining severe injuries to her right hip and right wrist. The pursuer claimed damages from the defenders as her employers, alleging both common law fault and breach of statutory duty on their part in respect of the condition of the machine. The defenders accepted that the machine was prone to malfunctioning, and had been in that state for some time, but the parties remained in dispute as to (1) the circumstances in which the pursuer fell (2) the liability of the defenders for the accident (3) the extent of any contributory fault on the part of the pursuer herself and (4) the assessment of damages.
