DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF GEORGE GOLDEN CARR [2012] ScotSC 30 (01 March 2012)

DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF GEORGE GOLDEN CARR [2012] ScotSC 30 (01 March 2012)

The death of George Golden Carr was caused by a fall from height while dismantling scaffolding without a harness or guard rail. Reasonable precautions, specifically the use of a harness and installation of a guard rail, would likely have prevented the death. The failure to implement these safety measures constituted a defect in the system of work that contributed to the fatality.

Citation
[2012] ScotSC 30
Parties
Deceased: George Golden Carr; Procurator Fiscal Depute (crown): Mrs. Ross; Interested Party: David Duff; Interested Party: Michael Garty; Interested Party: Stewart Clark
Jurisdiction
Scotland
Judgment Date
01 March 2012
Procedural Posture
Fatal Accident Inquiry / Determination Under Section 6 of the Fatal Accidents and Sudden Deaths Inquiry (scotland) Act 1976
Outcome
Death caused by multiple injuries due to blunt force trauma from a fall from height; reasonable precautions not taken; defect in system of work identified; no further recommendations.
Legal Topics
Workplace Safety, Scaffolding Regulations, Use of Safety Equipment, Employer's Duty of Care
Health and Safety Occupational Safety Fatal Accident Inquiry Workplace Safety Scaffolding Regulations Use of Safety Equipment Employer's Duty of Care

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

George Golden Carr

Deceased

Mrs. Ross

Procurator Fiscal Depute (crown)

David Duff

Interested Party

Michael Garty

Interested Party

Stewart Clark

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination Under Section 6 of the Fatal Accidents and Sudden Deaths Inquiry (scotland) Act 1976

Legal Issues

  1. 1 Whether reasonable precautions could have prevented the death of George Golden Carr
  2. 2 Whether defects in the system of work contributed to the death
  3. 3 Compliance with health and safety regulations regarding scaffolding

Ratio Decidendi

The death of George Golden Carr was caused by a fall from height while dismantling scaffolding without a harness or guard rail. Reasonable precautions, specifically the use of a harness and installation of a guard rail, would likely have prevented the death. The failure to implement these safety measures constituted a defect in the system of work that contributed to the fatality.

Court Disposition

Death caused by multiple injuries due to blunt force trauma from a fall from height; reasonable precautions not taken; defect in system of work identified; no further recommendations.

Orders

  • Finding that use of a harness and installation of a guard rail were reasonable precautions that could have prevented the death.
  • Finding that failure to use a harness and install a guard rail constituted a defect in the system of work.