INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT MAIN [2012] ScotSC 99 (22 October 2012)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT MAIN [2012] ScotSC 99 (22 October 2012)

Robert Main died as a result of pulmonary thromboembolism due to leg vein thrombosis, itself due to a surgically repaired fracture of the right tibia sustained in a fall while working as a self-employed painting contractor. There were no reasonable precautions or defects in systems of working identified that could have avoided the death or contributed to it.

Citation
[2012] ScotSC 99
Parties
Deceased: Robert Main; Representative of the Crown: Procurator Fiscal
Jurisdiction
Scotland
Judgment Date
22 October 2012
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry Hearing
Outcome
Formal determination of cause of death and absence of avoidable precautions or defects in working systems.
Legal Topics
Workplace Accident, Cause of Death, Fatal Accident Inquiry, Self Employed Contractor
Coronial Law Health and Safety Workplace Accident Cause of Death Fatal Accident Inquiry Self Employed Contractor

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Parties

Robert Main

Deceased

Procurator Fiscal

Representative of the Crown

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry Hearing

Legal Issues

  1. 1 What was the cause of Robert Main's death?
  2. 2 Were there any reasonable precautions whereby the death or accident might have been avoided?
  3. 3 Were there any defects in any system of working which contributed to the death?

Ratio Decidendi

Robert Main died as a result of pulmonary thromboembolism due to leg vein thrombosis, itself due to a surgically repaired fracture of the right tibia sustained in a fall while working as a self-employed painting contractor. There were no reasonable precautions or defects in systems of working identified that could have avoided the death or contributed to it.

Court Disposition

Formal determination of cause of death and absence of avoidable precautions or defects in working systems.