A window cleaner paralysed when an external staircase in Montrose collapsed as he inspected guttering is to sue the homeowners.
Leigh Fenwick is understood to have suffered a spinal cord injury after falling 15 feet in March 2018.
Mr Fenwick and his son Paul were paid to wash windows and clear guttering of a top-floor flat in Union Street.
They set up their equipment on the platt – a shared external stone platform – but as Mr Fenwick descended a ladder from the guttering, the platform gave way.
The pair are seeking compensation from homeowners Leon Dundas, Nicholas Faulkner and Calum Paton.
Mr Faulkner and Mr Paton have failed in a bid to have the case thrown out.
A hearing in relation to Mr Dundas is set for next summer.
Claim pursuers may have caused collapse
Court papers reveal cracks in the platt had been evident in a home report from 2014, relating to Mr Paton’s property, which he bought in 2016.
Lawyers for Mr Faulkner argued as he rented out the flat at the time, he did not retain control of the area and as the Fenwicks were contracted by Mr Dundas, he had no liability.
They said the Fenwicks did not provide evidence as to the cause of the collapse, arguing that “there is a reasonable, non-negligent explanation for why the platt gave way, namely that it was the use that the pursuers made of the platt and their positioning of and excessive weight applied to the ladder that caused the platt to fail.”
Mr Paton’s lawyer stated the pair had failed to identify a reason for the platt collapsing or how repairs would have prevented the accident.
They stated: “It was not immediately obvious that the collapse of the platt was due to a negligent cause – it may have been caused by the pursuers’ own activities, or by a latent defect.”
Proof to be held
Leigh and Paul Fenwick argued Mr Faulkner had a duty to maintain the platt and Mr Paton had specific knowledge it was in a poor state of repair.
They added: “This platt was open to all visitors, including postmen, delivery men and workers; it was reasonably foreseeable that these types of people would be on the platt, with no restriction on their numbers or what they might bring with them.
“The reasonable expectation and assumption of visitors is that the platt would be able to carry their weight.”
Their submission added it was obvious it was in a state of disrepair.
In a judgment by Lord Menzies, he said neither of the defending parties arguments were strong enough to consider throwing out the case and said a proof should be held.
Focused on recovery
Speaking after the judgement, Mr Fenwick said: “This accident has changed my life but I am determined to not let my injuries control my life.
“I am focused on my recovery and hope to be able to inspire others in time because I know first-hand how hard it can be to try and get over the initial trauma and lifestyle changes.
“I’d like to thank the medical, rehabilitation and support workers who have helped me over the years as well as my friends and family but for now I need to be able to focus on what matters and request that my privacy is respected.”
Moira Kay, Partner at his solicitor’s Digby Brown, added: “We acknowledge the opinion however as the case is ongoing it would be inappropriate to comment further.”
