Breach of Statutory Duty After the Enterprise and Regulatory Reform Act 2013, A Scottish Decision: Daleks Are Not That Dangerous After All - Gordon Exall, Zenith Chambers
01/09/15. The precise impact of the ERRA upon liability is still very much open to debate. Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015.
THE CASE
The pursuer (claimant to those in E&W) was employed by the defendant as a shop assistant. She was was provided with a dalek footstool to allow her to reach high racks. Whilst she was working hanging clothes on hooks some 7 feet off the floor she fell and suffered injury.
KEY POINTS
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The Regulations made under the Health and Safety at Work Act remain in force and remain relevant as evidence of standards expected of employers in civil cases.
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On the facts of this case any breach by the employer was not causative of the injury.
THE CAUSE OF THE FALL
[7] “The evidence of the pursuer was clear to the effect that the fall was nothing to do with her having to reach above her head to put clothes onto racks. She had completed that work before she fell. Her fall happened when she was stepping backwards off the stool and she fell for no reason she could explain; it was just an accident in which she lost her footing.”
THE ARGUMENTS ABOUT THE EFFECT OF THE ERRA UPON THE EMPLOYER’S DUTY
“[13] Counsel argued that in the face of foreseeable risk of injury, the defenders failed to...
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