In the case of Wallace v Glasgow City Council [2010] CSOH 88, an employee at a school raised an action relying on the Management of Health & Safety at Work Regulations 1999 and the Workplace (Health, Safety and Welfare) Regulations 1992 after she sustained injuries to her foot when opening a window in the staff toilet facilities. She stood on the toilet bowl in order to reach the opener with the result that the toilet bowl collapsed, causing her to fall. At the time of the accident, no window pole was kept in or immediately outside the cubicle, however the school janitor gave evidence that a pole was kept in his office and was available for use upon request. The Pursuer stated that she was unaware of this and that she and her colleagues often stood on the toilet for this purpose. In granting decree of absolvitor in favour of the local authority, Lord Tyre held that it could not be held to be likely that the window would be opened by persons standing on the toilet in order to reach it where there were safe alternative means of action, namely use of the window pole or leaving the window closed. Further- more, the opening of the window was a matter of courtesy and it did not seem likely that staff would have exposed themselves to risk merely out of courtesy to others.
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