William Campbell v. Elliott Group Limited [2009] CSOH 63

Proof:- In this action for damages the pursuer claimed that in February 2005, whilst employed by the defenders, the pursuer, in the course of his employment, was carrying cans of paint when he caught his foot which caused him to fall onto his left knee resulting in his injury. The action was based on breach of the defenders' duty at common law to take reasonable care for the safety of the pursuer and a breach of statutory duty under Regulations 5 and 12 of the Workplace (Health, Safety & Welfare) Regulations 1992. The defenders contested the pursuer's account of what took place and alleged contributory negligence on the part of the pursuer. It was conceded on behalf of the defenders that if there was a finding to the effect that the accident occurred as averred on record, they accepted that they would be liable to pay damages for any loss, injury and damage caused to the pursuer by the accident. Here the court considered, on the evidence led, whether the pursuer had established on the balance of probabilities that as a result of his foot going into a pot hole or rutted area he fell with a twisting movement and his left knee was injured and to what extent, if any, he was contributorily negligent