INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1975 INTO THE SUDDEN DEATH OF AINSLIE ALEXANDER SMITH [2013] ScotSC 31 (11 April 2013)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1975 INTO THE SUDDEN DEATH OF AINSLIE ALEXANDER SMITH [2013] ScotSC 31 (11 April 2013)

The death of Ainslie Alexander Smith was caused by asphyxia resulting from a design defect in the Cosatto Stratford Cot bed. The defect was discoverable and should have been identified and rectified during the design and manufacturing process using standard engineering techniques. Reasonable precautions, such as securing the split foot end with a screw or safety strap, would have prevented the accident. There was a failure in the system of working, specifically in the design process, which contributed to the death.

Citation
[2013] ScotSC 31
Parties
Deceased: Ainslie Alexander Smith; Family Member: Mr Smith; Family Member: Mrs Smith; Manufacturer: Cosatto Limited; Prosecutor: Crown
Jurisdiction
Scotland
Judgment Date
11 April 2013
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Death determined to have resulted from asphyxia and mechanical upper airways obstruction due to a design defect in the cot bed; reasonable precautions and system defects identified; no other relevant facts found.
Legal Topics
Defective Product Design, Child Safety, General Product Safety Regulations, Fatal Accident Inquiry Procedure
Product Liability Consumer Protection Health and Safety Defective Product Design Child Safety General Product Safety Regulations Fatal Accident Inquiry Procedure

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Parties

Ainslie Alexander Smith

Deceased

Mr Smith

Family Member

Mrs Smith

Family Member

Cosatto Limited

Manufacturer

Crown

Prosecutor

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 Whether the design and construction of the Cosatto Stratford Cot bed was defective and unsafe under the General Product Safety Regulations 2005
  2. 2 Whether reasonable precautions could have prevented the fatal accident
  3. 3 Whether there were defects in the system of working that contributed to the death

Ratio Decidendi

The death of Ainslie Alexander Smith was caused by asphyxia resulting from a design defect in the Cosatto Stratford Cot bed. The defect was discoverable and should have been identified and rectified during the design and manufacturing process using standard engineering techniques. Reasonable precautions, such as securing the split foot end with a screw or safety strap, would have prevented the accident. There was a failure in the system of working, specifically in the design process, which contributed to the death.

Court Disposition

Death determined to have resulted from asphyxia and mechanical upper airways obstruction due to a design defect in the cot bed; reasonable precautions and system defects identified; no other relevant facts found.

Orders

  • No specific orders issued; findings made pursuant to Section 6(1)(a)-(e) of the Fatal Accidents and Inquiries (Scotland) Act 1975.