Description
Proof - Reparation:- On 24 May 2003 the pursuer was visiting her friend who rented her home from the defenders. Whilst trying to open a window the pursuer's hands slipped and they went through the glass. She blamed the defenders for the accident and sought damages for the injuries she sustained. Prior to proof parties agreed that the value of the claim was £17,500. The window was stiff and had been reported to the defenders and the window was said to be a danger in terms of section 2 of the
Occupiers' Liability (Scotland) Act 1960 and the defenders were said to be in breach of their duties under s.3 of the 1960 Act. The key issue in dispute was whether the pursuer's friend "Ms McLaughlan" had, prior to 24 May 2003, reported to the defenders that the window was stiff and had requested that they repair it.
