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  CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015.
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.
- 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.
- On the facts of this case any breach by the employer was not causative of the injury.
THE CAUSE OF THE FALL
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