Family of dead angler can sue community council
THE family of an angler who died after he slipped and broke his neck on a broken step have been given the go-ahead to sue.
In a landmark ruling, the Court of Session, in Edinburgh, ruled that the community council responsible for the steps could be the subject of legal action.
The Connel Community Council, in Argyll, had argued it was an “unincorporated” association with no legal status.
But in a written judgment Lord Woolman ruled that it could be sued. The community council had arranged for work to be carried at the viewpoint for the Falls of Lora, near Oban. But later a slab on steps leading to the viewpoint cracked and became loose.
In July 2013, the late Alan Kershaw, from Durham, went fishing near the site. He fell while descending the steps on the way to the car park and fractured his neck.
He was airlifted to the Southern General Hospital in Glasgow where he received treatment. His fracture did not heal and his health deteriorated and he died in 2016 at the age of 57.
Prior to his death, Mr Kershaw started legal proceedings against Connel Community Council and Aggregate Industries, which provided free labour in the project.
He sought damages for personal injury and claimed they were jointly responsible for the poor condition of the steps, and had each breached the duty of care that they owed to him.
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. Had the court decided otherwise victims’ cases may have fallen into a black hole with wrongdoers escaping liability on a technicality. The decision confirms legal protection will be afforded to anyone injured as a result of a community council’s negligent acts.”
The opinion that community councils can be sued was published by Lord Woolman of the Court of Session.
Ms Shand QC on behalf of Connel Community Council’s insurers had argued that the body is an unincorporated association with no legal persona and could therefore not be sued.
But Lord Woolman wrote: “There are obvious practical advantages in allowing any action to be brought against a community council itself, rather than its members.”