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Hamilton Ross
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Serving Clients in Lanarkshire for over 15 Years.

Unanimous Decision from Supreme Court Allowing Carers Appeal

A home carer who had fallen and injured her wrist whilst on her way to visit a vulnerable client to provide personal care has had success with her appeal.

Severe wintry conditions affected central Scotland, with snow and ice lying on the ground. The carer was driven to the elderly client by a colleague, who had parked close to a public footpath leading to the house. The footpath was covered with fresh snow with ice underneath and had not been gritted or salted. The carer was wearing flat boots with ridged soles. After taking a few steps, she slipped and fell, injuring her wrist.

The Lord Ordinary, relying on expert evidence, found the employers liable for the carers injury on the basis that they did not provide her with protective footwear and breached Personal Protective Equipment at Work Regulations. The decision was reversed by an Extra Division of the Inner House.

The carers appeal to the Supreme Court concerned the admissibility of evidence given by the expert witness, and whether the employer had been in breach of their statutory duties or negligent.

The Supreme Court unanimously allowed the carers appeal and agreed with the original decision in favour of the carer.

If you have suffered an accident recently and require any advice or assistance please do not hesitate to contact our litigation team who will be happy to help you through the process.

Author: Fiona Stewart, LLB, Dip LP

The views expressed are those of the author and do not necessarily reflect the views of the firm.

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