FATAL ACCIDENT INQUIRY INTO THE DEATH OF JAMES KILPATRICK ROBERTSON FERRIER UNDER FATAL ACCIDENTS & SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2009] ScotSC 165 (29 October 2009)

FATAL ACCIDENT INQUIRY INTO THE DEATH OF JAMES KILPATRICK ROBERTSON FERRIER UNDER FATAL ACCIDENTS & SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2009] ScotSC 165 (29 October 2009)

The death was caused by multiple injuries due to blunt force trauma as a result of a fall from a ladder while at work. The ladder was not secured or fitted with a stability device, which was a legal requirement. Reasonable precautions such as securing the ladder or using stabilisers could have avoided the death.

Citation
[2009] ScotSC 165
Parties
Deceased: James Kilpatrick Robertson Ferrier; Inspector: Health and Safety Executive
Jurisdiction
Scotland
Judgment Date
29 October 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death determined to be accidental, caused by a fall from an unsecured ladder at work.
Legal Topics
Workplace Accidents, Window Cleaning Safety, Ladder Safety, Employer Obligations
Health and Safety Law Occupational Safety Fatal Accident Inquiry Workplace Accidents Window Cleaning Safety Ladder Safety Employer Obligations

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Parties

James Kilpatrick Robertson Ferrier

Deceased

Health and Safety Executive

Inspector

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What caused the death of James Kilpatrick Robertson Ferrier?
  2. 2 Were there reasonable precautions whereby the death might have been avoided?
  3. 3 Were legal requirements regarding ladder safety complied with?

Ratio Decidendi

The death was caused by multiple injuries due to blunt force trauma as a result of a fall from a ladder while at work. The ladder was not secured or fitted with a stability device, which was a legal requirement. Reasonable precautions such as securing the ladder or using stabilisers could have avoided the death.

Court Disposition

Death determined to be accidental, caused by a fall from an unsecured ladder at work.

Orders

  • Reasonable precautions to avoid such deaths include securing ladders by rope at the top and/or using outriders or stabilisers at the bottom.