DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF STEVEN ALLEN [2012] ScotSC 118 (20 December 2012)

DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF STEVEN ALLEN [2012] ScotSC 118 (20 December 2012)

Steven Allen died from a combination of fatty liver and arrhythmogenic right ventricular dysplasia resulting in a cardiac event, not from any accident or defect in the diving operation or system of work. There were no reasonable precautions or system defects that could have prevented his death, and no evidence that the medical certification process or workplace practices contributed causally to the fatality.

Citation
[2012] ScotSC 118
Parties
Deceased: Steven Allen; Procurator Fiscal Depute (crown): Tracy Plant; Interested Party: Stork Technical Services (RBG) Limited; Interested Party: Dr Stephen Doherty; Interested Party: Health and Safety Executive; Interested Party: Shell UK Limited
Jurisdiction
Scotland
Judgment Date
20 December 2012
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No recommendations or findings of fault; death not caused by accident or workplace defect.
Legal Topics
Fatal Accident Inquiry, Workplace Safety, Medical Fitness Certification, Commercial Diving, System of Work Defects
Health and Safety Employment Coronial Law Fatal Accident Inquiry Workplace Safety Medical Fitness Certification Commercial Diving System of Work Defects

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Parties

Steven Allen

Deceased

Tracy Plant

Procurator Fiscal Depute (crown)

Stork Technical Services (RBG) Limited

Interested Party

Dr Stephen Doherty

Interested Party

Health and Safety Executive

Interested Party

Shell UK Limited

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What was the cause of Steven Allen's death?
  2. 2 Were there reasonable precautions whereby the death might have been avoided?
  3. 3 Were there defects in the system of working which contributed to the death?

Ratio Decidendi

Steven Allen died from a combination of fatty liver and arrhythmogenic right ventricular dysplasia resulting in a cardiac event, not from any accident or defect in the diving operation or system of work. There were no reasonable precautions or system defects that could have prevented his death, and no evidence that the medical certification process or workplace practices contributed causally to the fatality.

Court Disposition

No recommendations or findings of fault; death not caused by accident or workplace defect.