Case Report: [2008] CSOH163
Scottish Courts Service website decision.

Outer House, Court of Session, 4th December 2008

The facts: Mr Porter slipped and fell in the toilet and was injured. It was claimed that he fell because the floor tiles were slippery and that they should have been replaced by non-slip tiles.

Decision: The judge said that there had been no evidence to indicate that the tiles were dangerous. The kind of tile in question had been used by the Council for 39 years without previous complaint. There was no duty on the Council to embark on a programme of replacing them with non-slip tiles. It was not reasonable to expect the defenders to do any more than they already did to keep the public toilets clean and dry for the safety of those entering them at the relevant time. It was unreasonable to expect the tiles to be dry at all times. –

Comment: This case on an accident in a public toilet in Hawick and will be of relevance to those who provide toilet or similar facilities for the public, e.g. in car parks and visitor centres.