INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF LAURA MCDAIRMANT [2010] ScotSC 112 (24 June 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF LAURA MCDAIRMANT [2010] ScotSC 112 (24 June 2010)

The death of Laura McDairmant was caused by the use of an unsafe site for gorge jumping, which presented an unmanaged and unmanageable risk of serious injury or death due to a protruding rock ledge. The Abernethy Trust failed to have adequate systems for risk assessment, management oversight, and reporting of safety concerns. Reasonable precautions, including proper inspection, approval, and risk assessment by qualified personnel, would probably have prevented the accident. Defects in the system of working and regulatory oversight contributed materially to the death.

Citation
[2010] ScotSC 112
Parties
Deceased: Laura McDairmant (deceased); Procurator Fiscal Depute (public Interest): Mr Scott Toal; Interested Party: The Abernethy Trust; Interested Party: The Health and Safety Executive; Interested Party: Dumfries and Galloway Council
Jurisdiction
Scotland
Judgment Date
24 June 2010
Procedural Posture
Fatal Accident Inquiry / Determination Following Inquiry
Outcome
Death caused by accident resulting from defects in system of working and inadequate precautions; recommendations made for future prevention.
Legal Topics
Fatal Accident Inquiry, Duty of Care, Risk Assessment, Outdoor Activity Regulation, Workplace Safety, Regulatory Oversight
Health and Safety Law Administrative Law Personal Injury Law Fatal Accident Inquiry Duty of Care Risk Assessment Outdoor Activity Regulation Workplace Safety +1 more

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Parties

Laura McDairmant (deceased)

Deceased

Mr Scott Toal

Procurator Fiscal Depute (public Interest)

The Abernethy Trust

Interested Party

The Health and Safety Executive

Interested Party

Dumfries and Galloway Council

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination Following Inquiry

Legal Issues

  1. 1 Whether the death of Laura McDairmant was caused by defects in the system of working at Barcaple Centre
  2. 2 Whether reasonable precautions could have prevented the death
  3. 3 Whether regulatory and management failures contributed to the accident

Ratio Decidendi

The death of Laura McDairmant was caused by the use of an unsafe site for gorge jumping, which presented an unmanaged and unmanageable risk of serious injury or death due to a protruding rock ledge. The Abernethy Trust failed to have adequate systems for risk assessment, management oversight, and reporting of safety concerns. Reasonable precautions, including proper inspection, approval, and risk assessment by qualified personnel, would probably have prevented the accident. Defects in the system of working and regulatory oversight contributed materially to the death.

Court Disposition

Death caused by accident resulting from defects in system of working and inadequate precautions; recommendations made for future prevention.

Orders

  • Site inspection and approval by qualified personnel required before introducing high-risk activities.
  • Written, site-specific risk assessments must be produced and reviewed annually.