INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF GORDON TURRIFF [2009] ScotSC 155 (14 October 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF GORDON TURRIFF [2009] ScotSC 155 (14 October 2009)

The Sheriff was unable to determine, on the evidence, whether Mr Turriff's fall was caused by loss of balance or a cardiac event. As the cause of the fall could not be established, no formal determination could be made regarding precautions or defects in the system of work that might have avoided the death. However, subsequent changes to trailer access procedures and recommendations for industry-wide safety reviews were noted.

Citation
[2009] ScotSC 155
Parties
Deceased: Gordon Turriff; Procurator Fiscal Depute: Mrs Porter
Jurisdiction
Scotland
Judgment Date
14 October 2009
Procedural Posture
Fatal Accident Inquiry / Determination After Evidence and Submissions
Outcome
No formal determination as to precautions or defects in system of work; recommendations made for future safety review and industry awareness.
Legal Topics
Workplace Accident, Employer's Duty of Care, Fatal Accident Inquiry, Sudden Death, Systems of Work, Health and Safety Executive
Health and Safety Employment Law Coronial Law Workplace Accident Employer's Duty of Care Fatal Accident Inquiry Sudden Death Systems of Work +1 more

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Parties

Gordon Turriff

Deceased

Mrs Porter

Procurator Fiscal Depute

Procedural Posture

Fatal Accident Inquiry / Determination After Evidence and Submissions

Legal Issues

  1. 1 What was the cause of Gordon Turriff's fatal fall?
  2. 2 Were there any precautions or defects in the system of work that could have avoided the death?
  3. 3 Should recommendations be made for future safety measures?

Ratio Decidendi

The Sheriff was unable to determine, on the evidence, whether Mr Turriff's fall was caused by loss of balance or a cardiac event. As the cause of the fall could not be established, no formal determination could be made regarding precautions or defects in the system of work that might have avoided the death. However, subsequent changes to trailer access procedures and recommendations for industry-wide safety reviews were noted.

Court Disposition

No formal determination as to precautions or defects in system of work; recommendations made for future safety review and industry awareness.

Orders

  • Mintlaw Transport Limited to review, in consultation with the Health and Safety Executive, safe methods for dealing with problems in partially loaded trailers without entering them.
  • Health and Safety Executive to publicise the determination within the haulage industry.