McLaren v Harland and Wolff Ltd, 1990 SLT 85
Citation: McLaren v Harland and Wolff Ltd, 1990 SLT 85
Rule of thumb: How can you prove an industrial disease was caused by an organisation? If (a) it was known that there was exposure in the organisation, (b) other workers have it as well, and (c) the person was in there for a fairly lengthy period of time, then the Court will hold that the industrial disease was caused by that organisation. Very small period of times, or no known exposure, or no one else having it, will usually indicate that it is not a strong claim which a Court will not be able to uphold.
Judgment:
It was held in this case where someone has been exposed to a noxious substance on a fairly regular basis over a long period of time then this will generally be the backbone for a strong industrial injuries/diseases case, ‘On this matter I consider it important that this action involves averments as to regular exposure of the deceased as an apprentice plumber in the defenders’ shipyard machine shop to asbestos dust over a lengthy period, and not, for example, to an allegation of a single transient event on which a witness or witnesses no longer available could prospectively have provided evidence’, Lord Milligan
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.