DETERMINATION UNDER THE FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF DAVID MICHAEL BOWES [2011] ScotSC 186 (01 December 2011)

DETERMINATION UNDER THE FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF DAVID MICHAEL BOWES [2011] ScotSC 186 (01 December 2011)

The death of David Michael Bowes was caused by the failure of the bridge parapet due to poor welding and lack of timely replacement with a modern vehicle restraint system, which Highland Council had been advised to implement. The accident could have been avoided if reasonable precautions, including parapet replacement or additional temporary barriers, had been taken.

Citation
[2011] ScotSC 186
Parties
Deceased: David Michael Bowes; Interested Party: Highland Council
Jurisdiction
Scotland
Judgment Date
01 December 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Accidental death; accident might have been avoided with reasonable precautions.
Legal Topics
Fatal Accident Inquiry, Road Safety, Employer Liability, Public Authority Duty, Infrastructure Maintenance
Public Law Health and Safety Law Fatal Accident Inquiry Road Safety Employer Liability Public Authority Duty Infrastructure Maintenance

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Parties

David Michael Bowes

Deceased

Highland Council

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Cause of death of David Michael Bowes
  2. 2 Adequacy of bridge parapet safety measures
  3. 3 Responsibility of Highland Council for maintenance and inspection

Ratio Decidendi

The death of David Michael Bowes was caused by the failure of the bridge parapet due to poor welding and lack of timely replacement with a modern vehicle restraint system, which Highland Council had been advised to implement. The accident could have been avoided if reasonable precautions, including parapet replacement or additional temporary barriers, had been taken.

Court Disposition

Accidental death; accident might have been avoided with reasonable precautions.

Orders

  • Recommendation for replacement of parapet with modern vehicle restraint system.
  • Recommendation for ongoing risk assessment and inspection of safety structures.