Smith v Scottish Ministers

Personal injury – Liability – Breach of statutory duty – Negligence. Sheriff Court: In an action for damages by a prison officer who suffered a neck injury when taking part in a training exercise involving a simulated prison riot, the court concluded that the pursuer had proved on the balance of probabilities that she was injured in the way that she claimed, however she had failed to establish a breach of any of the various health and safety regulations founded upon, and her common law case of negligence also failed.

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