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★ Scotland · fracture

Fracture settlements
in Scotland.

By 9 min read

A lorry driver helping unload a trailer in Bishopbriggs was knocked off it by a runaway pallet and suffered an open, comminuted fracture of his heel bone; the sheriff awarded £32,000 solatium against the agency that employed him, which had not assessed the risk. A tenant in Dumfries who tripped at her back door and broke her arm lost against her landlord, though damages had been agreed at £25,000.

Facts that decide a fracture claim in Scotland

Agency employersAn agency employing a driver placed with another company still owed him a duty to assess the risks of the work.Ward v WM Morrison Supermarkets and PPF Ltd [2025] SC EDIN 17
Landlords and tenantsA tenant must prove the landlord failed to take reasonable care; a trip at a door threshold was not enough.McTaggart v Wheatley Homes South [2026] SC EDIN 69
Time limitAn injury action must be raised within 3 years of the date of injury, or of the date you knew the injury was sufficiently serious and caused by someone else, if later.Prescription and Limitation (Scotland) Act 1973, s 17
★ band · UK federal frame
£9,110 to £14,080
Femur fracture (uncomplicated)
JCG 16th ed.

The UK band is the starting point. Scotland's fault rule and any applicable cap then adjust the figure.

★ SCO · reported fracture outcomes

What Scotland courts have awarded.

Real Scotland decisions and verdicts, each linked to the court record or official report.

  • Ward v WM Morrison Supermarkets plc and PPF Ltd
    Sheriff Personal Injury Court · 2025
    £32,000 solatium

    On 16 October 2015 Thomas Ward, a lorry driver employed by the agency PPF Ltd, braked hard on the M8 and warned staff at Bishopbriggs the load might have shifted. During unloading a pallet slid, struck his left foot and pushed him about four feet off the trailer, causing an open, comminuted fracture of the calcaneus. He returned to work in December 2016. Solatium was £32,000.

  • McTaggart v Wheatley Homes South Ltd
    Sheriff Personal Injury Court · 2026
    Absolvitor; £25,000 agreed

    On the evening of 20 July 2021 Janet McTaggart, a tenant in Dumfries, went out of her back door into the garden, tripped and fell forward onto concrete slabs, fracturing her right arm; she needed a plate and screws. She sued her landlord under the Occupiers’ Liability (Scotland) Act 1960 and the Housing (Scotland) Act 2001. The sheriff found no fault and granted absolvitor.

★ SCO · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Scotland.

  1. 1

    In agency work, name both the agency and the host company.

  2. 2

    Photograph a trip hazard with a measure against it; a couple of inches may not persuade a sheriff.

  3. 3

    Record time off work and any change in shifts after a fracture.

★ SCO · statute of limitations
3 years from date of injury or knowledge (called "prescription" in Scots law)

Prescription and Limitation (Scotland) Act 1973

★ SCO · fault rule
Common-law contributory reduction

Scots law applies contributory-negligence reduction. Scotland is a distinct legal system from England and Wales.

★ fracture severity tiers · UK frame

How the band stratifies.

The Judicial College Guidelines (18th ed.) stratifies fracture into the tiers below. Scotland courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Wrist fracture (full recovery)£3,820 to £10,080JCG 16th ed.
Femur fracture (uncomplicated)£9,110 to £14,080JCG 16th ed.
★ fracture · same region & fault regime

Compare to like jurisdictions.

How Scotland's fault rule and limitation period compare to jurisdictions in the same UK region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Scotland · you are hereCommon-law contributory reduction3 years from date of injury or knowledge (called "prescription" in Scots law)—
Northern IrelandCommon-law contributory reduction3 years from date of injury or knowledgeNI · fracture →
EnglandCommon-law contributory reduction3 years from date of injury or knowledgeENG · fracture →
WalesCommon-law contributory reduction3 years from date of injury or knowledgeWAL · fracture →
★ SCO · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of SCO
Scotland overview

Fault rule, statute, caps, and key facts for Scotland as a whole.

★ federal frame
Fracture in United Kingdom

Fracture band structure and severity tiers at the UK level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the UK band adjusted for Scotland's statutory framework. They are not quotes for any specific case. For representation, consult a solicitor practising in Scotland. See /methodology, /sources, and /disclaimer.