Raybould v T&N Gilmartin (Contractors) Ltd

Personal injury – Volenti – Breach of duty – Causation – Contributory negligence. Sheriff Appeal Court: Allowing an appeal in an action in which the pursuer sought damages in respect of injuries sustained after falling when crossing an excavation on the pavement outside her home, and the sheriff granted decree of absolvitor, concluding that volenti applied, the court held that the case was not one in which the maxim volenti non fit injuria applied, the defenders were in breach of the duty to provide safe access to householders on the pursuer's street at the relevant time due to the absence of walk boards, and their failure to take reasonable steps to provide such a proper means of access was the real and proximate cause of the pursuer's accident, however her conduct contributed equally to that of the defenders in causing her injury, so any damages should be reduced by one half.

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