BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL

PERSONAL INJURY: LIABILITY AND DAMAGES

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

  • 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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2 comments

  1. […] Gordon exall considered the effects of the Enterprise and Regulatory Reform Act 2013 in Breaches of Statutory Duty After the Enterprise and Regulatory Reform Act 2013: A Scottish Decision:… […]

  2. […] Exall considered the effects of the Enterprise and Regulatory Reform Act 2013 inBreaches of Statutory Duty After the Enterprise and Regulatory Reform Act 2013: A Scottish Decision:… (June […]

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