Family can sue council over angler death fall
THE family of an angler who died after breaking his neck in a fall on steps at a viewpoint have been told they can sue a community council that built them. Alan Kershaw’s family welcomed the ruling made by a judge at the Court of Session.
In a written judgment, Lord Woolman said Connel Community Council in Argyll could be the subject of legal action over Mr Kershaw’s death.
Lawyers acting for the council argued it was an ‘unincorporated’ association with no legal status.
The community council had arranged for work to be carried at the Falls of Lora viewpoint at Connel near Oban. But a slab on steps leading to the viewpoint later cracked and became loose.
In July 2013, Mr Kershaw, from County Durham, went fishing near the site and fell while coming down the steps on the way to the car park, fracturing his neck.
He was later airlifted to the Southern General Hospital in Glasgow where he received treatment. But his fracture did not heal, his health deteriorated and he died in 2016 at the age of 57.
Before his death, Mr Kershaw began legal proceedings against the community council and Aggregate Industries, which gave free labour to the viewpoint project.
He sought damages for personal injury and claimed they were jointly responsible for the poor condition of the steps. His family is now continuing with the case.
Jayne Crawford, a partner with Thompsons solicitors, said: ‘This is a landmark decision which confirms community councils can be sued for their negligent misdeeds.’
Lesley Shand, QC, acting for Connel Community Council’s insurers, had argued that the body is an unincorporated association and could therefore not be sued.
However, Lord Woolman said that allowing an action to be brought against a community council itself, meant members do ‘not have to worry about the threat of personal liability’.
Connel Community Council directed queries to Argyll and Bute Council, which said it could not comment because of the case.
Mr Kershaw’s son Mark, 34, from Nottingham, said: ‘My dad felt quite strongly about the fact this shouldn’t have happened. His health decreased very rapidly from the accident. I hold that accident responsible. I’m pleased.’
Mr Kershaw’s partner Dawn Armstrong, 52, said he had fought the case ‘right until the end’. She said: ‘Somebody needs to hold their heads up and say we are responsible.’