A Good Result for the Defenders!

The All Scotland Sheriff Court has recently issued a detailed decision on the standard of care applied to work equipment injury claims in the post Enterprise Act 2013 world.

The claim arose from a workplace accident in which the Pursuer was injured whilst working with a knife. It was alleged that his employers had failed to take reasonable care for his safety with reference being made to an alleged breach of the Provision and Use of Work Equipment Regulations 1998. As the 2013 Act removed strict liability in such claims, the Pursuer required to establish that the Defender had been negligent it their acts or omissions.

Following a remote hearing of evidence, the Court found that the Pursuer had failed to establish what more the Defender could have done to avoid the accident occurring. It was held that the Defender had taken reasonable steps to prevent injury to its employees in the circumstances. On this basis, the Court found that the Defender had not been negligent and the claim was unsuccessful.

The case serves as a reminder that the test the Court will apply post-2013 Act is the common law standard of reasonable care, with strict liability no longer applicable to work equipment cases. Part of the aim of the Enterprise Act was to reduce the onerous burden on employers in situations where they had taken all reasonable precautions. No doubt a decision that will be referred to and relied upon by Defenders in the coming years!

Link to the decision: https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021scedin002.pdf?sfvrsn=0. If you want to discuss any of these issues further, drop me a line on [email protected].