Thompsons Solicitors Scotland recently secured a successful outcome in the All-Scotland Personal Injury Court (ASPIC) on behalf of Carol H, a dedicated recycling centre worker employed by Aberdeenshire Council. The case, led by Robert Cranston, Senior Associate, highlights serious health and safety failings in the workplace and the importance of employers taking proactive steps to protect their staff.

Background

Carol H was employed as a lone worker at a recycling centre (commonly known as a "dump") in Aberdeenshire. For years, she had raised concerns with management about various health and safety issues, particularly the presence of unmarked raised bolts on the ground throughout the site. Despite her repeated complaints, no effective action was taken to address the hazards, especially in areas less visible to the public.

On the day of the accident, the site had just opened, and Carol H was in the process of uncovering skips at the back of the yard when she heard a member of the public arrive. As she moved quickly but purposefully between two skips to attend to them, she tripped on a raised bolt and fell, injuring her knee.

What Injuries were Sustained?

Carol H suffered a soft tissue injury to her knee which lasted approximately one year. In addition, medical evidence confirmed that the fall accelerated the development of arthritis in her knee by an estimated three to five years.

What were the Health & Safety Failings?

A key element of the case was the employer’s failure to implement basic safety measures. While some bolts at the front of the yard had been painted to highlight the trip hazard, those between the skips and at the back of the site had not. Despite acknowledging that painting the bolts was a reasonable safety measure and despite complaints from Carol H the employer admitted they had “run out of paint” and failed to finish the job.

During cross-examination, one of the site managers conceded:

• It was reasonable for staff to be between the skips, as leaves and debris frequently needed clearing from that area.
• The raised bolts were a known trip hazard.
• Carol H had previously complained about them.
• The only reason the bolts at the back of the yard weren’t painted was due to lack of paint.

The Court’s Findings

The Sheriff accepted Carol H’s evidence, which was supported by her contemporaneous accident report. He also accepted the manager’s evidence, which corroborated her account.

The court found:

• The hazard had been identified, and a reasonable control measure (painting the bolts) was known but not implemented.
• On the balance of probabilities, had the bolts been painted, the accident would have been avoided.
• The employer was liable for the accident.

Regarding contributory negligence, the court applied a 20% deduction, acknowledging that Carol H was walking quickly and had prior awareness of the hazard but also recognising that she had taken reasonable steps to raise concerns over the years.

Outcome

The Sheriff awarded £19,200 in damages. a strong result given the employer’s defence and arguments around contributory negligence.

Comment from Thompsons Solicitors

"This case is a reminder of what happens when employers fail to take staff safety seriously. Carol H had done everything right, she raised concerns, she did her job diligently, and yet her warnings were ignored. The court rightly found that a basic, low-cost safety measure was known and simply not acted upon. We’re proud to have helped her get the justice she deserves."

Robert Cranston, Senior Associate, Thompsons Solicitors Scotland

Need Legal Advice?

If you’d like help or advice after an accident at work, especially where your employer has failed in their health and safety duties, contact Talk to Thompsons today. We’re specialists in personal injury and workplace accident claims across Scotland.