INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTOTHE SUDDEN DEATH OF LINDA ANNE MURDOCH OR WEIR [2011] ScotSC 53 (19 January 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTOTHE SUDDEN DEATH OF LINDA ANNE MURDOCH OR WEIR [2011] ScotSC 53 (19 January 2011)

Linda Anne Murdoch or Weir died by drowning after attempting to cross a swollen burn in an ATV; her death was not caused by any defect in working systems, and no reasonable precautions could have prevented it.

Citation
[2011] ScotSC 53
Parties
Prosecutor: Crown; Family Representative: Robert Wallace Weir
Jurisdiction
Scotland
Judgment Date
19 January 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death by misadventure; no defects in working systems; no reasonable precautions identified.
Legal Topics
Fatal Accident Inquiry, Workplace Accident, Drowning, ATV Safety
Coronial Law Health and Safety Fatal Accident Inquiry Workplace Accident Drowning ATV Safety

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Parties

Crown

Prosecutor

Robert Wallace Weir

Family Representative

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Circumstances and cause of Linda Anne Murdoch or Weir's death
  2. 2 Whether any defects in working systems contributed to the death
  3. 3 Whether reasonable precautions could have prevented the death

Ratio Decidendi

Linda Anne Murdoch or Weir died by drowning after attempting to cross a swollen burn in an ATV; her death was not caused by any defect in working systems, and no reasonable precautions could have prevented it.

Court Disposition

Death by misadventure; no defects in working systems; no reasonable precautions identified.