A janitor who was injured when she slipped on Vaseline on stairs at a school with a history of sixth-form pupils playing pranks has lost a bid to win damages.
Linda Gillie sued Scottish Borders Council for compensation following her fall at Galashiels Academy on May 12, 2009, claiming the accident happened because of its breach of workplace health and safety regulations.
Mrs Gillie, 54, of Galashiels, was taken to hospital with injuries after the incident and was unable to resume her full duties until more than a year later. She underwent treatment for a thigh injury.
She raised an action at the Court of Session in Edinburgh for £50,000, but damages were agreed at £16,000, with liability contested.
A judge said it was not reasonably practicable for the local authority to ensure the stair was kept free from the substance Mrs Gillie slipped on.
Lord Boyd of Duncansby added: "I am satisfied that the placing or dropping of Vaseline on the stairs risks serious injury. However, in my opinion, the foreseeability of such an event occurring, as opposed to any other 'prank' that day, viewed from immediately before the event, was very low indeed."
He said the time and resources required to eliminate that risk over and above measures already taken was "disproportionate to the risk".
Lord Boyd said: "There is a long history, some may say tradition, of sixth-form pupils playing pranks on their last day in school. The court heard evidence that this affected schools in the area of the defenders, including Galashiels Academy."
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