Things Hung or Suspended

Similarly to liability for things poured or thrown, there was also liability for leav­ing something ‘placed or hanging where people come and go, which could harm someone if it fell'.^[2743] There was a fixed penalty for this,^[2744] imposed on the occupier of the premises or the person responsible for the placing or hanging.^[2745] This is therefore a further example of vicarious liability imposed on the occupier of premises.^[2746] There was no need for actual damage to occur.

The application of this quasi-delict in modern Scots law was considered in McDyer v The Celtic Football and Athletic Co Ltd?^[2747] In that case, the pursuer was a spectator at a sports stadium during the opening ceremony of the European Special Olympic Games, and was injured when a piece of wood fell from the stadium roof. He sued the owners of the stadium and the organisers of the event, in part on the basis of the quasi-delict. In the event, the quasi-delict was held not to apply, because it was concerned with harm to those outside the building rather than to those, like the pursuer, inside the building. This distinction has been criti­cised as not reflecting Roman law.^[2748]

E.