DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF GEORGE BIGGAR THOMPSON [2011] ScotSC 146 (05 September 2011)

DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF GEORGE BIGGAR THOMPSON [2011] ScotSC 146 (05 September 2011)

The death of George Biggar Thompson was caused by multiple injuries sustained when struck by a reversing telehandler operated by Mr Bisset. The accident might have been avoided if Mr Bisset had established Mr Thompson's whereabouts before reversing, if Mr Thompson had not worked behind the telehandler during reversing, if CCTV had been fitted to the vehicle, and if proper training and risk assessment had been provided. Defects in the system of work, including lack of agreed procedures and inadequate training, contributed to the death.

Citation
[2011] ScotSC 146
Parties
Prosecutor: The Crown; Deceased: George Biggar Thompson; Interested Party/employer: Robert Steven
Jurisdiction
Scotland
Judgment Date
05 September 2011
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry Hearing
Outcome
Formal determination under Section 6(1) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976; no criminal liability found.
Legal Topics
Workplace Accident, Employer's Duty of Care, Risk Assessment, Training Requirements, Use of Reversing Aids, System of Work Defects
Health and Safety Employment Law Fatal Accident Inquiry Workplace Accident Employer's Duty of Care Risk Assessment Training Requirements Use of Reversing Aids +1 more

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Crown

Prosecutor

George Biggar Thompson

Deceased

Robert Steven

Interested Party/employer

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry Hearing

Legal Issues

  1. 1 What were the circumstances and cause of George Biggar Thompson's death?
  2. 2 What reasonable precautions might have avoided the death?
  3. 3 Were there defects in the system of work that contributed to the death?

Ratio Decidendi

The death of George Biggar Thompson was caused by multiple injuries sustained when struck by a reversing telehandler operated by Mr Bisset. The accident might have been avoided if Mr Bisset had established Mr Thompson's whereabouts before reversing, if Mr Thompson had not worked behind the telehandler during reversing, if CCTV had been fitted to the vehicle, and if proper training and risk assessment had been provided. Defects in the system of work, including lack of agreed procedures and inadequate training, contributed to the death.

Court Disposition

Formal determination under Section 6(1) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976; no criminal liability found.

Orders

  • Reasonable precautions identified: driver to establish whereabouts of persons before reversing, persons to avoid working behind reversing vehicles, fitting of CCTV, provision of training and risk assessment.
  • Defects in system of work identified: lack of agreed procedures and inadequate training.