Scotland: Carriage By Road

John Downes's picture

Cheeseman v International Travel Services Ltd. [2008] Rep. LR 66

C booked a coach holiday excursion with X. The excursion was organised by X through sub-contractor V, which supplied the coach. C tripped on board the coach and sustained a fractured ankle. The cause was a defect in the carpet. C argued that X had accepted liability for transport suppliers under the terms and conditions of the contract.

The Court of Session held that, on balance of probabilities, the defect in the carpet had been there for a considerable period of time before C’s accident. It should have been apparent to the coach company when inspecting the vehicle for any defects, as required by law, and when the driver was cleaning the coach. X was liable for its suppliers and C was awarded £5750 for solatium.

X