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MICHAEL DUFFY v ENTERPRISE ENGINEERING SERVICES LIMITED [2008] CSOH 141

Description

Outer House, Court of Session-Reparation-Personal Injury-Action of damages arising out of an accident at a barge in Norway. The pursuer was working as a pipe fitter. He required to negotiate a step over an exposed area of floor. there was piping under the floor. in the circumstances, the pursuer chose to step onto the piping to move to the other side of the room. In doing so he slipped and broke his ankle. Defenders admitted they owed a duty to the pursuer, despite suggestion that he was self-employed. Dispute focused on issues such as prior complaints, requests for the provision of a "hop-up" or a scaffolding bridge, and the feasibility and practicability of a pipe-fitter stepping over the 8 inch cunifer pipe. Defenders held 75% liable. Expenses agreed by joint minute.

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