Taylor v Quigley and others

Personal injury – Liability – Duty of care – Members' club. Court of Session: In an action in which the pursuer, who injured his leg at a golf club of which he was a member after stepping on a manhole cover and falling partly into the manhole, sued the eight members of the club's executive board, not as representatives of the club but in a personal capacity, and the company responsible for employing the second defender and appointing him to the executive board (the ninth defenders) as vicariously liable for his acts and omissions, the court held that the pursuer had not averred sufficient facts to demonstrate that the legal relationship between him and the first eight defenders had been altered so that they owed him a duty of care independently of their membership of the club, and as the second defender owed no duty of care to the pursuer it followed that the ninth defenders could not be held vicariously liable for his acts or omissions.

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