INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF HARRY ROBERT MCCREATH [2010] ScotSC 83 (12 May 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF HARRY ROBERT MCCREATH [2010] ScotSC 83 (12 May 2010)

Ben McCreath died as a result of head injuries sustained from falling through a gap in the first floor balcony barrier, which exceeded the 100 mm safety guideline; the building complied with regulations in force at the time, but the risk assessment failed to identify the hazard. Universal application of the 100 mm rule would have prevented the accident.

Citation
[2010] ScotSC 83
Parties
Deceased: Ben Harry Robert McCreath; Mother: Louise McCreath; Sheriff: Mhairi M Stephen; Property Manager: Teesland Management Services Ltd (now Valad Management Services Ltd); Health and Safety Consultant: National Britannia (now Connaught Compliance); Architect: PJMP Architects (Percy Johnston Marshall and Partners); Main Contractor: Kvaerner (now Skanska); Balustrade Subcontractor: Charles Henshaw and Sons Ltd; Local Authority: City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
12 May 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Determination made; recommendation issued.
Legal Topics
Building Standards, Protective Barriers, Risk Assessment, Child Safety, Retrospective Regulation
Health and Safety Building Regulations Public Safety Building Standards Protective Barriers Risk Assessment Child Safety Retrospective Regulation

Case Brief

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Parties

Ben Harry Robert McCreath

Deceased

Louise McCreath

Mother

Mhairi M Stephen

Sheriff

Teesland Management Services Ltd (now Valad Management Services Ltd)

Property Manager

National Britannia (now Connaught Compliance)

Health and Safety Consultant

PJMP Architects (Percy Johnston Marshall and Partners)

Architect

Kvaerner (now Skanska)

Main Contractor

Charles Henshaw and Sons Ltd

Balustrade Subcontractor

City of Edinburgh Council

Local Authority

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Cause of death and accident circumstances
  2. 2 Compliance with building standards and regulations
  3. 3 Adequacy of risk assessments

Ratio Decidendi

Ben McCreath died as a result of head injuries sustained from falling through a gap in the first floor balcony barrier, which exceeded the 100 mm safety guideline; the building complied with regulations in force at the time, but the risk assessment failed to identify the hazard. Universal application of the 100 mm rule would have prevented the accident.

Court Disposition

Determination made; recommendation issued.

Orders

  • Recommendation for review and amendment of Technical Standards to apply the 100 mm rule to all non-domestic buildings, not only where presence of children is anticipated.
  • No finding of fault or blame; inquiry limited to circumstances of death.