Winter weather accidents
In the winter months, bad weather can cause hazards in many activities that are part of our daily life.
One such example is the decision of LC v City of Edinburgh Council from our national specialist All Scotland Personal Injury Court. The pursuer had been crossing the playground of her daughter’s primary school when a large plastic sign became detached from its fixings in high winds and struck her on the forehead. She suffered a significant facial scar and a mild brain injury. Her daughter, who witnessed the accident, was emotionally traumatised.
LC raised an action, with her legal team arguing that the sign should have been subject to regular inspections. The defenders stated that their janitor did daily visual inspections of the entire school estate. They also sought to rely on government-mandated inspection reports carried out by a chartered surveyor.
The case turned on whether the accident was foreseeable, and whether the defenders took reasonable steps to prevent the accident.
Sheriff Mackie criticised the defenders for their failure to carry out a risk assessment of the school grounds, which although not strictly required by legislation, was “a relevant and significant factor in considering whether the defenders as occupiers of the school fulfilled their duty of care.” She also rejected the submission that the external sign was not mentioned in the government inspection reports because it was not defective, when other external fixtures in good condition were listed.
In finding against them, Sheriff Mackie further stated that “a regime of inspection is of no effect if in fact no inspection is carried out” and “the defenders failed to take reasonable care for the safety of visitors to the school.”
Have you been injured as a result of stormy weather or poor building maintenance in the last three years, and it wasn’t your fault? If you are interested in making a compensation claim, please get in touch with us today for a confidential discussion.
Contact us
- Email us
- Call our personal injury claims team free on 0808 560 0872
- Arrange a callback by using our enquiry form
Share this page
Allan McDougall
With you every step of the way.
- Personal injury claims
- Our personal injury team
- How to make a personal injury compensation claim
- How to choose a personal injury solicitor
- Claim now
- Personal injury claim calculator
- How claims are valued
- Frequently asked questions
- Types of personal injury claim
- How to sue someone in the Scottish courts
- Recent successes
- Case studies
- Testimonials
- Injury Compensation Alliance
Personal Injury Claim Calculator
What our clients say
- Good overall communication from Alex Robertson, who dealt with me in a professional manner. Very satisfied with final outcome.
A.M. - Stephen Irvine, thank you so much for your hard work, patience and perseverance in getting to this satisfactory conclusion. I have never had any experiences with solicitors or going through any type of procedure of this nature, yet you made it feel seamless and painless, and your advice was always welcome. Thank you for your professionalism in keeping me informed at each stage and in providing sound advice. Once again, thank you for everything.
J.H. - 10/10 for Alex Robertson who kept in touch with me throughout the whole process.
R.D. - Fiona Fraser was amazing from the initial call to the final outcome. She was very honest and I accepted her advice. Very professional and helpful at all times. Thank you so much Fiona.
D.M.
Call free: 0808 560 0872
