In any claim for personal injury, proving that a duty of care was owed is essential. This principle was established in the well-known case of Donoghue v Stevenson [1932] AC 562:
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be — persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.”
This was further expanded upon in Caparo v Dickman [1990] 2 AC 605, with the three-stage test of foreseeability; proximity and whether it is fair, just and reasonable to impose a duty.
Once a duty of care is established, the Pursuer must prove the losses they have incurred as a result of the breach of duty.
Accidents may occur at any time under varying circumstances. Claims for compensation can be pursued if an accident takes place in a public place - most commonly slips, trips, falls and other hazards.
Local Authorities and Councils owe a duty of care to the wider public as they are required to ensure the safety of people on areas they are responsible for. Under section 2 of the Occupiers’ Liability (Scotland) Act 1960, an occupier of premises must take reasonable care to ensure that persons on the premises will not suffer injury or damage as a result of the state of those premises. This is not an absolute duty, and the onus is on the Pursuer to prove that there has been a breach.
At a basic level, Councils and Local Authorities owe a broad duty to take precautions and prevent a foreseeable risk of harm. Regular inspections should be undertaken, as well as keeping areas well maintained and in a good state of repair. Any issues reported should be addressed within a reasonable timeframe.
Roads and pavements in a state of disrepair can cause injury to pedestrians and road users alike and are arguably one of the most common types of public liability claims. This is governed by the Roads (Scotland) Act 1984. For a claim of this nature to succeed, there must first be an actionable defect to require the Council or Local Authority to intervene. The depth requirements vary between roads (40mm) and pavements (25mm). It must then be proved, if actionable, that the Council or Local Authority knew or ought to have known of the defect but did not take action to repair this. Therefore, photographic and witness evidence are essential.
Similarly, occupants of Council-owned housing will have a potential claim if they suffer injury or damage as a result of inadequate maintenance of the property. As a Landlord, Councils and Local Authorities have a duty of care to ensure the tenant’s safety and minimise the risk of injury to them and others as the premises are under their control. Injuries can arise inside or outside a property, including communal areas and even as a result of falling objects. Again, it is crucial to prove that the negligence has occurred as a result of poor maintenance and that there has been a previous record of complaints which they failed to act on or have repaired.
Councils and Local Authorities bear responsibility for other public spaces including parks and recreational areas. If an accident occurs in such an area, they key element which must be proved is that the injury occurred due to negligence on the Council or Local Authority’s part. There must be clear evidence of a lack of maintenance or failure to act.
Should you have any questions about claims of this nature, please contact This email address is being protected from spambots. You need JavaScript enabled to view it. or call 0141 333 6750 and ask to speak to a member of our Personal Injury Team.
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