INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS WILSON [2010] ScotSC 125 (22 July 2010)

The death of Thomas Wilson was caused by a fall from height due to lack of appropriate safety equipment and inadequate safe access to roof anchor points. The use of a Mobile Elevating Work Platform or tower scaffold would have been reasonable precautions to prevent the accident.

Citation: [2010] ScotSC 125
Parties: Deceased: Thomas Wilson; Instructing Party: Newton Property Management Limited
Jurisdiction: Scotland
Judgment Date: 22 July 2010
Procedural Posture: Fatal Accident Inquiry / Determination
Outcome: Death resulted from an accident at work; reasonable precautions could have prevented it.
Legal Topics: Workplace Safety, Fall From Height, Use of Safety Equipment, Employer's Duty of Care

Health and Safety Occupational Safety Fatal Accident Inquiry Workplace Safety Fall From Height Use of Safety Equipment Employer's Duty of Care

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Parties

Thomas Wilson

Deceased

Newton Property Management Limited

Instructing Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

1 Whether reasonable precautions could have prevented the death of Thomas Wilson
2 Adequacy of safety measures and equipment at the worksite
3 Safe access to roof anchor points

Ratio Decidendi

Court Disposition

Death resulted from an accident at work; reasonable precautions could have prevented it.