Smith v Muir Construction Ltd

Personal injury – Breach of statutory duty – Liability – Quantum. Court of Session: In an action for damages by a joiner who sustained a head injury and a broken wrist in an accident at work, and suffered from pre- and post-traumatic amnesia, the court, having concluded that on balance of probabilities the pursuer fell when climbing a ladder and that the cause of the fall was probably that the ladder, being unsecured and placed on a new slidy chipboard floor, simply slipped, found liability for breaches of workplace regulations established, rejected a plea of contributory negligence, and awarded £30,000 for solatium and £10,000 for loss of employability.

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