Gordon v Inverness Town Council, 1957 SLT Notes 48
Citation: Gordon v Inverness Town Council, 1957 SLT Notes 48
Rule of thumb: If you slip on an icy path, can you sue the Council? Probably not - not unless you can show that there was no plan or attempt made to salt the paths in a complete dereliction of their duty.
Judgment:
‘Merely to state that sand had not been spread on Kingsmill Street after 12 hours of frost is not enough to point to a breach of duty. It may be that there was some slackness or unreasonable delay in tackling the effects of this frost, but if that was so it must be specially averred. It is not enough for the pursuer to say that the delay could have been due to slackness. She must say so and so focus the real issue in the case. The statement that the defenders could and ought to have spread sand on Kingsmill Street before the accident does not assist her. Clearly the gritting cart could have been sent there first. The fact that it was not done does not point to a breach of duty’.
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.