Kelly v Riverside Inverclyde (Property Holdings) Ltd

Personal injury – Liability. Court of Session: In an action in which the pursuer sought damages for an injury sustained when she fell onto steps after a seagull swooped at her outside a building owned, occupied and operated by defenders, the court held that the pursuer had failed to prove on the balance of probabilities that the gull which attacked her came from the defenders' building, and in any event her case under the Occupiers' Liability (Scotland) Act 1960 fell on the first hurdle of reasonable foreseeability and her statutory cases under regs 5 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 also failed.

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