MacLachlan v Strathclyde Partnership for Transport

Personal injury – Health and safety – Liability. Sheriff Court: In an action in which an employee of a transport authority sought reparation for a fracture to his right fibula sustained in the course of his employment with them when crossing embedded rails after deviating from a designated walkway which was obstructed in order to get to his office, the court held that both the pursuer's case under reg 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 (Organisation etc of traffic routes) and his common law case (in relation to the provision of a safe place of work) succeed and that the accident was not caused to any extent by fault on his part, and it therefore found the defenders liable to him in the agreed sum of £5,500 with no reduction.

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