INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF BENJAMIN ROSILLO POTOT AND RIMANTS VENCKUS [2011] ScotSC 135 (23 August 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF BENJAMIN ROSILLO POTOT AND RIMANTS VENCKUS [2011] ScotSC 135 (23 August 2011)

The deaths were caused by inhalation of smoke and fire gases resulting from a fire started by a base unit electric fan heater in the galley, which overheated due to blocked air vents and failed thermal protection devices. Reasonable precautions, including proper housing of the heater, not storing combustibles nearby, maintaining fire doors, adequate crew training, and proper fire detection systems, could have prevented the accident. There were no defects in the system of working that contributed to the deaths, but misunderstandings between regulatory bodies and inadequate maintenance of escape routes were relevant factors.

Citation
[2011] ScotSC 135
Parties
Deceased: Ramilito Capangpangan Calipayan; Deceased: Benjamin Rosillo Potot; Deceased: Rimants Venckus; Prosecutor: The Crown; Interested Party: Alexander Jack (current owner of Vision II)
Jurisdiction
Scotland
Judgment Date
23 August 2011
Procedural Posture
Fatal Accident Inquiry / Determination After Evidentiary Hearing
Outcome
Determination issued; deaths caused by fire due to failed heater and inadequate precautions; recommendations made for future safety.
Legal Topics
Fatal Accident Inquiry, Fire Safety, Workplace Safety, Maritime Regulation, Electrical Safety, Crew Training, Living on Vessels in Port
Maritime Law Health and Safety Law Coroners and Fatal Accident Inquiries Fatal Accident Inquiry Fire Safety Workplace Safety Maritime Regulation Electrical Safety +2 more

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Parties

Ramilito Capangpangan Calipayan

Deceased

Benjamin Rosillo Potot

Deceased

Rimants Venckus

Deceased

The Crown

Prosecutor

Alexander Jack (current owner of Vision II)

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination After Evidentiary Hearing

Legal Issues

  1. 1 What caused the deaths of Ramilito Capangpangan Calipayan, Benjamin Rosillo Potot, and Rimants Venckus on board the MFV Vision II?
  2. 2 What were the circumstances and causes of the fire?
  3. 3 What reasonable precautions could have prevented the deaths?

Ratio Decidendi

The deaths were caused by inhalation of smoke and fire gases resulting from a fire started by a base unit electric fan heater in the galley, which overheated due to blocked air vents and failed thermal protection devices. Reasonable precautions, including proper housing of the heater, not storing combustibles nearby, maintaining fire doors, adequate crew training, and proper fire detection systems, could have prevented the accident. There were no defects in the system of working that contributed to the deaths, but misunderstandings between regulatory bodies and inadequate maintenance of escape routes were relevant factors.

Court Disposition

Determination issued; deaths caused by fire due to failed heater and inadequate precautions; recommendations made for future safety.

Orders

  • Fan heaters on fishing vessels should be properly housed and assessed for marine suitability.
  • Combustible items should not be stored near heaters.