Description
Here the pursuer sued the defenders for damages for personal injury sustained when she fell and twisted her ankle in a car park off Blenheim Avenue, Stepps on 24 December 2002. The pursuer claimed that near the entrance to the car park her left foot went into a pothole, she did not see. As the pursuer moved forward her foot was wrenched and she lost her balance. She fell to the ground and sustained injury.It was accepted on behalf of the defenders that they had a duty to remedy dangers and it was disputed that a pothole 20mm deep in the car park constituted a danger. It was further disputed that in the circumstances there was a duty to inspect the car park with a frequency of three monthly intervals and that in any event on the evidence, an inspection three months prior to the accident would have revealed pothole 2 to be at least 20mm deep. The court here considered whether a defect 20mm in depth should be regarded as a danger when found on a surface having both vehicular and pedestrian use.
