INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF DARREN TAYLOR [2013] ScotSC 15 (14 February 2013)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF DARREN TAYLOR [2013] ScotSC 15 (14 February 2013)

Darren Taylor died as a result of electrocution when the crane he was operating contacted overhead power lines during a delivery at North Kirktonmoor Farm. The death could have been avoided if reasonable precautions had been taken, including clear signage warning of overhead wires, proper liaison between EIS and the site owners regarding delivery safety, and a proper risk assessment by the driver. The system of work was deficient in failing to ensure these precautions, but the inquiry does not apportion legal fault.

Citation
[2013] ScotSC 15
Parties
Deceased: Darren Taylor; Employer: Eaglesham Industrial Services Limited (EIS); Joint Proprietor of North Kirktonmoor Farm and Managing Director of EIS: Matthew Sawers; Joint Proprietor of North Kirktonmoor Farm and Company Secretary of EIS: Margaret Sawers; Container Supplier: RB Farquhar; Delivery Subcontractor: Morrison (Dalmarnock) Ltd
Jurisdiction
Scotland
Judgment Date
14 February 2013
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Death by electrocution due to accident at work; reasonable precautions could have prevented death; defects in system of work identified.
Legal Topics
Workplace Safety, Electrocution, Risk Assessment, Employer Liability, Overhead Power Lines, Accident Prevention
Health and Safety Employment Law Fatal Accident Inquiry Workplace Safety Electrocution Risk Assessment Employer Liability Overhead Power Lines +1 more

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Parties

Darren Taylor

Deceased

Eaglesham Industrial Services Limited (EIS)

Employer

Matthew Sawers

Joint Proprietor of North Kirktonmoor Farm and Managing Director of EIS

Margaret Sawers

Joint Proprietor of North Kirktonmoor Farm and Company Secretary of EIS

RB Farquhar

Container Supplier

Morrison (Dalmarnock) Ltd

Delivery Subcontractor

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 What were the circumstances and cause of Darren Taylor's death?
  2. 2 What reasonable precautions could have prevented the death?
  3. 3 Were there defects in the system of work that contributed to the death?

Ratio Decidendi

Darren Taylor died as a result of electrocution when the crane he was operating contacted overhead power lines during a delivery at North Kirktonmoor Farm. The death could have been avoided if reasonable precautions had been taken, including clear signage warning of overhead wires, proper liaison between EIS and the site owners regarding delivery safety, and a proper risk assessment by the driver. The system of work was deficient in failing to ensure these precautions, but the inquiry does not apportion legal fault.

Court Disposition

Death by electrocution due to accident at work; reasonable precautions could have prevented death; defects in system of work identified.

Orders

  • Recommendation for clear and visible signage at yard entrance warning of overhead power lines.
  • Recommendation for employer-site owner liaison regarding delivery safety and risk assessment.