INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF PAUL HARPER [2011] ScotSC 170 (28 October 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF PAUL HARPER [2011] ScotSC 170 (28 October 2011)

The death could have been avoided if the deceased had worn the seatbelt fitted to the tractor and if the employer had insisted on its use. The failure to enforce seatbelt use constituted a defect in the system of work contributing to the death.

Citation
[2011] ScotSC 170
Parties
Deceased: Neil Elder Abercromby; Employer: Employer of Neil Elder Abercromby
Jurisdiction
Scotland
Judgment Date
28 October 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death resulted from an accident at work; reasonable precautions were not taken; defect in system of work identified.
Legal Topics
Workplace Safety, Employer's Duty of Care, Use of Seatbelts in Agricultural Vehicles, Risk Assessment Requirements
Health and Safety Employment Law Workplace Safety Employer's Duty of Care Use of Seatbelts in Agricultural Vehicles Risk Assessment Requirements

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Parties

Neil Elder Abercromby

Deceased

Employer of Neil Elder Abercromby

Employer

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether reasonable precautions could have prevented the death
  2. 2 Whether defects in the system of work contributed to the death
  3. 3 Whether employer should have insisted on seatbelt use

Ratio Decidendi

The death could have been avoided if the deceased had worn the seatbelt fitted to the tractor and if the employer had insisted on its use. The failure to enforce seatbelt use constituted a defect in the system of work contributing to the death.

Court Disposition

Death resulted from an accident at work; reasonable precautions were not taken; defect in system of work identified.

Orders

  • Employers should ensure all tractor drivers use seatbelts where fitted.
  • Employers should enforce seatbelt use as a matter of policy.