School Worker Receives £15,900 for Toilet Fall

A school worker who fell from a toilet she was standing on in order to open a window has been awarded £15,900 in damages.

Marie Wallace, 64, was a clerical assistant at Kirkriggs School in Glasgow. The accident happened when she attempted to open the window of the toilet cubicle, which was seven feet above floor level, as a courtesy to other users. Mrs Wallace, who is 5’ 1” tall, had placed her foot on the rim of the toilet bowl and was reaching up to the window when she fell, landing heavily on her heel. The toilet bowl fell onto her foot.

Mrs Wallace required surgery for a detached Achilles tendon and fractures to her foot. Four years after the accident, she continues to experience stiffness and pain. The accident has had a significant impact on her quality of life: for example, it has affected her ability to play with her grandchildren.

She brought a claim for compensation against Glasgow City Council. The judge in the lower court ruled that no damages were payable as she should not have tried to open the window. This decision was overturned on appeal, however. The Workplace (Health, Safety and Welfare) Regulations 1992, which cover a wide range of basic health, safety and welfare issues and apply to most workplaces, require that openable windows, skylights and ventilators should be capable of being opened, closed or adjusted safely. In the view of the appeal judges, it was reasonably foreseeable that users of the facilities might wish to open the window. The Management of Health and Safety at Work Regulations 1999 require employers to carry out an assessment of risks to employees’ health and safety. The school should have addressed the question as to how the window in the toilet cubicle might be opened, closed or adjusted. Had a proper risk assessment been carried out, this would have identified the risk of injury to persons of the height of Mrs Wallace should they attempt to open the window when no pole was readily available for this purpose.

Mrs Wallace was awarded £15,900, reduced from £31,800 as she was found to be 50 per cent responsible for her accident.