30 October 2015

In the case of McShane v Burnwynd Racing Stables Ltd [2015] CSOH 70, the Pursuer raised an action for damages against his employers for injuries sustained in the course of his employment as a racehorse trainer. The case was raised under negligence at common law and breaches of the Workplace (Health, Safety & Welfare) Regulations 1992 and the Work at Height Regulations 2005.

The Purser sustained an injury to his left arm when a horse he was training fell and landed upon him. He sustained a significant injury to his arm and was left with a permanent impairment to his left side. The Pursuer argued that his horse fell as a result of a number of deficiencies in the layout, construction and maintenance of the training ground.

The Defender contended that there were no deficiencies in the training ground and the Pursuer himself had even provided the owner of the yard with advice as to the proper layout of the gallop during its initial construction.  No one (the Pursuer included) had informed those responsible for the upkeep of the training area of the alleged deficiencies. The Defenders argued that in his capacity as trainer, the Pursuer had responsibility for ensuring the surface was adequately maintained before any horses rode out.

Lord Glennie concluded that there was no defect in the gallop as alleged by the Pursuer. On consideration of the facts it was concluded that Pursuer’s case under the common law, the Workplace Regulations and the Work at Height Regulations all failed. The action was dismissed. According to Lord Glennie: “accidents do happen without actionable fault on the part of another party.” In Lord Glennie’s view: “the horse fell simply because horses do fall sometimes.”  

Jennifer Mackenzie, Senior Solicitor jmk@bto.co.uk T. 0141 221 8012