Loch Lomond and the Trossachs National Park Authority (LLTNPA) has successfully defended a £750,000 claim made on behalf of a 12 year old boy who fell on the West Highland Way at Balmaha in 2006. The accident happened when the boy and his family were visiting Balmaha on a day out.
The boy sustained head injuries as a result of the fall and he was air lifted to hospital.
It was claimed that LLTNPA had breached (a) a common law duty of care to reasonable care for him; and (b) a statutory duty imposed under the Occupiers’ Liability (Scotland) Act 1960. The basis of this claim was that the boy fell down a steep bank onto the road due to hazards present on the path such as an uneven surface, tree roots etc. It was also argued that had LLTNPA installed a handrail or a barrier, this would have prevented the boy’s fall to the road.
LLTNPA decided that it was important to defend the claim as in their view the path was well managed and they were complying with their legal duties.
It is open to the boy to appeal this decision on a point of law within 21 days of the date of the decision.
You will find a copy of the full judgement at: http://www.scotcourts.gov.uk/opinions/2014CSOH38.html.