Anderson v Imrie and another

Personal injury – Occupiers' liability – Common law duty of care – Contributory negligence – Quantum of damages. Court of Session: In an action by a pursuer, now aged 21, seeking damages from the defenders in respect of injuries to his skull and brain sustained when aged 8 when heavy gate fell on him at the farm where the defenders lived, the court held that the defenders were occupiers of the farm at the material time for the purposes of the Occupiers' Liability (Scotland) Act 1960; the first defender was not in breach of the duty he owed as an occupier of the farm to the pursuer but his wife, the second defender, who had assumed responsibility for looking after the pursuer on the day of the accident was in breach and was also negligent at common law; and the pursuer was 25% to blame for the accident: the court made awards of £30,000 for solatium and £285,760 for future loss of earnings.

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