Para Falls into Urinal Trough !!!!

Para loses lavatory damages claim

A former paratrooper has lost a three-year battle for compensation after falling into the urinal trough of a public toilet in the Borders.

Doug Porter suffered serious back injuries after slipping on wet tiles in the lavatory in Hawick in 2005.

He blamed Scottish Borders Council and launched a compensation claim at the Court of Session in Edinburgh.

It ruled the authority did all that could reasonably be expected to keep the toilets clean and dry.

Mr Porter fell into the urinal in the building beside Hawick Town Hall on 2 September 2005.

His brother Steven visited the toilets a few days after the accident and told the court the floor looked as if it had not been cleaned for "years".

The council denied liability saying the toilets were regularly checked and maintained and that there had been no previous accidents involving the tiles.

In her judgement Morag Wise QC accepted Mr Porter had been wearing sensible rubber-soled shoes on the day of the accident and no alcohol had been involved.

However, she added that the former member of the Parachute Regiment had failed to prove that the council did not take reasonable care for his safety and dismissed the liability claim.

Badly affected

She said: "In light of the history of use of the toilets in question and the absence of complaints over such a long period, it was not reasonable to expect the defenders to do any more than they did to keep the public toilets clean and dry for the safety of those entering at the relevant time."

Mr Porter's brother Steven said he had been badly affected by the fall.

"He suffered bad back injuries as a result of the fall and has only been able to do light work since," he said

A spokeswoman for Scottish Borders Council said it was pleased with the outcome which justified "the stance taken in this case".