INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF PAUL LAMARK CAMPBELL [2009] ScotSC 164 (28 October 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF PAUL LAMARK CAMPBELL [2009] ScotSC 164 (28 October 2009)

The death of Paul Lamar Campbell was caused by a road traffic accident resulting from the failure of the front suspension unit of the quad bike he was driving. The failure was due to a defect in the construction of the suspension unit, specifically the lack of an adequate locking mechanism at manufacture. There were no reasonable precautions or defects in any system of working that could have avoided the death.

Citation
[2009] ScotSC 164
Parties
Deceased: Paul Lamar Campbell; Seller: Simpson Leisure UK Limited; Manufacturer: Zhejiang Chaozhong Industrial Company Limited
Jurisdiction
Scotland
Judgment Date
28 October 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death determined to have resulted from a road traffic accident caused by a manufacturing defect in the quad bike's suspension unit. No reasonable precautions or defects in systems of working identified.
Legal Topics
Fatal Accidents and Sudden Deaths Inquiry, Vehicle Safety, Product Defects, Type Approval, Road Traffic Accident
Public Law Product Liability Health and Safety Fatal Accidents and Sudden Deaths Inquiry Vehicle Safety Product Defects Type Approval Road Traffic Accident

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Parties

Paul Lamar Campbell

Deceased

Simpson Leisure UK Limited

Seller

Zhejiang Chaozhong Industrial Company Limited

Manufacturer

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What caused the death of Paul Lamar Campbell?
  2. 2 Was there a defect in the quad bike's suspension unit?
  3. 3 Were there reasonable precautions whereby the death might have been avoided?

Ratio Decidendi

The death of Paul Lamar Campbell was caused by a road traffic accident resulting from the failure of the front suspension unit of the quad bike he was driving. The failure was due to a defect in the construction of the suspension unit, specifically the lack of an adequate locking mechanism at manufacture. There were no reasonable precautions or defects in any system of working that could have avoided the death.

Court Disposition

Death determined to have resulted from a road traffic accident caused by a manufacturing defect in the quad bike's suspension unit. No reasonable precautions or defects in systems of working identified.