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James Love v North Lanarkshire Council {2007} CSOH 10


The pursuer was suing the defenders in reparation for injuries which he sustained in the course of his employment as a swimming pool attendant. Whilst in the staff locker room, a glass bottle was accidentally knocked and exploded. The glass cut the pursuers leg. At common law, the pursuer alleged that there was no proper system of cleaning the locker room or for keeping it tidy and that there was an obvious risk of a glass injury by allowing bottles in a changing room with a hard floor and showers. Further they averred that there had been numerous breaches under the Workplace (Health, Safety and Welfare) Regulations 1992. The defenders questioned the reliability and credibility of the pursuer. They averred that there was conflicting factual evidence and that there had been no breaches of any Workplace Regulations. The court considered the evidence and credibility and also evidence led under reservation.