Description
The pursuer was injured following an accident and work. He pleaded fault under the Construction (Health Safety and Welfare) Regulations 1996 ("the Construction Regulations") and the Provision and Use of Work Equipment Regulations 1998 ("the Work Equipment Regulations"). At proof the Lord Ordinary concluded that had he found the defenders at fault or in breach of statutory duty he would have found the pursuer 75% to blame for the accident. The pursuer reclaims only in respect of two breaches of statutory duty and as regards precautions only in respect of failure to provide a barrier in the form of railway sleepers and/or a verge. On the assumption he succeeds he contests the apportionment of contributory negligence.
