INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JOHN SUTHERLAND [2010] ScotSC 66 (01 April 2010)

INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JOHN SUTHERLAND [2010] ScotSC 66 (01 April 2010)

John Sutherland died as a result of a pulmonary thromboembolism secondary to a calf vein thrombosis, caused by a fall from a ladder and subsequent head injury; there were no reasonable precautions or defects in the system of working that contributed to the death.

Citation
[2010] ScotSC 66
Parties
Deceased: John Sutherland; Procurator Fiscal (for the Crown): David Barclay
Jurisdiction
Scotland
Judgment Date
01 April 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death determined to be accidental; no recommendations or findings under section 6(1)(c)-(e).
Legal Topics
Workplace Accident, Accidental Death, Causation, Reasonable Precautions
Coronial Law Health and Safety Workplace Accident Accidental Death Causation Reasonable Precautions

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Parties

John Sutherland

Deceased

David Barclay

Procurator Fiscal (for the Crown)

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What were the circumstances of John Sutherland's death?
  2. 2 Was the death caused or contributed to by any defect in the system of working or by any person?
  3. 3 Were there reasonable precautions whereby the accident might have been avoided?

Ratio Decidendi

John Sutherland died as a result of a pulmonary thromboembolism secondary to a calf vein thrombosis, caused by a fall from a ladder and subsequent head injury; there were no reasonable precautions or defects in the system of working that contributed to the death.

Court Disposition

Death determined to be accidental; no recommendations or findings under section 6(1)(c)-(e).