Description
Proof: Occupiers Liability (Scotland) Act 1960: slip on tennis court. The pursuer brought an action for damages for injuries sustained when he fell on astroturf tennis courts owned and occupied by the defenders. The pursuer claimed that there was green moss on the surface of the court and on the vicinity of the court which had caused him to slip and break his ankle. He brought his claim under the 1960 Act and also on the basis of vicarious liability of the defenders for the negligent actings of their employees. The defenders admitted that they were the occupiers of the courts and that they owed certain duties in terms of the Act. They also accepted that if there was moss on the courts which was sufficient to cause the pursuer to slip , and if the pursuer did slip on that moss to his injury then they were liable. The case proceeded entirely on the facts. The court held that the pursuer had failed to prove his case. He had failed to show that he did in fact slip on moss, as averred. Astroturf was inherently slipery. It was likely that the extensive moss described by the pursuer would have been spotted by the defenders. The evidence was insufficient to prove that there was moss present as averred by the pursuer.
