INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRY (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT BROWN [2009] ScotSC 162 (21 October 2009)

INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRY (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT BROWN [2009] ScotSC 162 (21 October 2009)

Robert Brown died as a result of pulmonary thrombo-embolism caused by immobility due to a pelvic fracture sustained in a workplace accident; there were no reasonable precautions or defects in working systems that could have avoided the death.

Citation
[2009] ScotSC 162
Parties
Deceased: Robert Brown; Employer: East Ayrshire Council
Jurisdiction
Scotland
Judgment Date
21 October 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death determined to be accidental with no reasonable precautions or defects in working systems identified.
Legal Topics
Workplace Accident, Sudden Death, Fatal Accident Inquiry
Health and Safety Employment Law Workplace Accident Sudden Death Fatal Accident Inquiry

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Robert Brown

Deceased

East Ayrshire Council

Employer

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Circumstances and cause of Robert Brown's death
  2. 2 Whether reasonable precautions could have avoided the death
  3. 3 Whether defects in working systems contributed to the death

Ratio Decidendi

Robert Brown died as a result of pulmonary thrombo-embolism caused by immobility due to a pelvic fracture sustained in a workplace accident; there were no reasonable precautions or defects in working systems that could have avoided the death.

Court Disposition

Death determined to be accidental with no reasonable precautions or defects in working systems identified.