INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JAMES LAMONT JACK [2010] ScotSC 37 (15 January 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JAMES LAMONT JACK [2010] ScotSC 37 (15 January 2010)

James Lamont Jack died as a result of pulmonary thromboembolism, immobility and recent surgery, and fracture dislocation of the right ankle sustained in a workplace accident. There were no reasonable precautions whereby the death might have been avoided and no defects in any system of working which contributed to the death.

Citation
[2010] ScotSC 37
Parties
Deceased: James Lamont Jack
Jurisdiction
Scotland
Judgment Date
15 January 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death determined as workplace accident with no avoidable precautions or defects in system of working.
Legal Topics
Workplace Accident, Cause of Death, Fatal Accident Inquiry
Coronial Law Health and Safety Workplace Accident Cause of Death Fatal Accident Inquiry

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Parties

James Lamont Jack

Deceased

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What was the cause of death of James Lamont Jack?
  2. 2 Were there any reasonable precautions whereby the death might have been avoided?
  3. 3 Were there any defects in any system of working which contributed to the death?

Ratio Decidendi

James Lamont Jack died as a result of pulmonary thromboembolism, immobility and recent surgery, and fracture dislocation of the right ankle sustained in a workplace accident. There were no reasonable precautions whereby the death might have been avoided and no defects in any system of working which contributed to the death.

Court Disposition

Death determined as workplace accident with no avoidable precautions or defects in system of working.