MacKay v Scottish Fire & Rescue Service and another

Reparation – Personal injury – Negligence – Duty of care. Court of Session: Dismissing an action in which the pursuer sought damages for injuries he sustained when snow, ice and guttering fell from a roof and struck him, averring that the defenders inspected the property and removed ice and snow from the roof but failed to remove ice from the guttering, the court held that the first defenders were not performing any statutory duty to which it might have been easy to attach a common law duty, they were acting under statutory powers only, neither defender caused the problem, nor had they made it worse, and there was no proximity or assumption of responsibility.

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