The Sheriff Appeal Court has recently upheld a decision that a landlord did not breach their duties under the Occupiers’ Liability (Scotland) Act 1960. The case involved a tenant, NM, who sought damages after her children fell into a hot bath sustaining injuries.
NM held a short-assured tenancy from March 2017 to November 2018. In April 2018, she ran a bath using the hot tap only before attending to her infant daughter downstairs. While unattended, two of NM’s young children fought in the bathroom and accidentally fell into the bath. Both suffered scalding injuries and NM sought damages for witnessing the aftermath.
NM argued that her landlords had failed in their duty under sections 2 and 3 of the 1960 Act which requires occupiers to take reasonable care to ensure that persons entering the premises do not suffer injury due to dangers arising from the state of the premises or from any failure to carry out maintenance or repairs. NM stated the landlords had breached their duties due to the temperature of the hot water tap. She presented evidence of issues with the boiler and central heating system since the tenancy commenced.
The Sheriff determined that the property was not in a state of disrepair and that the hot water temperature alone was not the cause of the danger. The danger was NM leaving her children unsupervised near the hot bath. The Sheriff found that this was not ordinary usage of the premises and even if the hot water tap had been a danger, the landlords could not be held liable if they had not been notified of said danger.
NM appealed, claiming the Sheriff had erred on numerous points, including failing to treat the water temperature as dangerous or a defect at the property.
The appeal was refused on the basis the Sheriff was justified in concluding that the discharge of hot water itself was not dangerous, but that filling the bath with hot water and leaving the children unsupervised was.
Key takeaways
This case provides reassurance to landlords that they will not automatically be held liable for incidents that occur in their property. However, it highlights the responsibilities landlords have to their tenants and visitors to ensure any repairs reported are carried out within a reasonable period of time.
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