Smith v Scottish Water

Personal injury – Health and safety – Liability – Causation. Court of Session: In an action in which the widow of an employee of Scottish Water sought damages, claiming his death was caused by an accident at work, the deceased having died at home from a pulmonary thromboembolism, due to deep venous thrombosis, due to immobility, due to a knee injury, the court concluded that a claimed slip or fall at work did not cause the tear of the medial meniscus of the deceased's left knee which immobilised him, that it had not in any case been proved that he slipped on wet grass or mud, and that even if he did slip and injure his knee (in a way that caused or contributed to his death) because of ground conditions no breach of legal duty by the defenders was involved.

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