The respondent, Mrs Kennedy was working for the reclaimers as a carer. She had been injured walking up a snowy client’s path. The reclaimer appealed against an award for damages after a finding that she should have been provided with grips for her feet in these conditions.
Held: The reclaimer was granted. The Lord Ordinary had wrongly deferred to the expert, the failure to comply with the Management Regulations could not be a direct cause of injury, regulation 4(1) of the PPE Regulations did not apply to the circumstances of the accident.
Lady Smith, Lord Brodie, Lord Clarke
[2014] ScotCS CSIH – 76, 2014 Rep LR 127, 2014 SLT 984, 2015 SC 154, 2014 GWD 31-616
Bailii
Personal Protective Equipment at Work Regulations 1992, Management of Health and Safety at Work Regulations 1999
Scotland
Citing:
At Outer House – Kennedy v Cordia (Services) Llp SCS 7-Aug-2013
Outer House – damages after carer’s fall in snow.
Held: The Outer House found Cordia liable under the PPE Regulations, the Management Regulations, and the common law. Both risk assessments for Cordia had been faulty.
Lord McEwan . .
Cited by:
Cited – Kennedy v Cordia (Services) Llp SC 10-Feb-2016
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence.
Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Health and Safety
Updated: 21 December 2021; Ref: scu.537048
