INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF HARRY WILLIAM EMSLIE [2012] ScotSC 8 (17 January 2012)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF HARRY WILLIAM EMSLIE [2012] ScotSC 8 (17 January 2012)

Harry William Emslie died as a result of being crushed by the bucket attachment of a Manitou vehicle after exiting the cab without engaging the handbrake, leaving the vehicle in gear with the engine running, and leaving a dog in the cab, which likely knocked the drive lever into the forward position, causing the vehicle to move forward and pin him against the wall. The accident could have been avoided by taking reasonable precautions such as engaging the handbrake, switching off the engine, leaving the vehicle in neutral, parking parallel to the wall, or removing the dog from the cab.

Citation
[2012] ScotSC 8
Parties
Deceased: Harry William Emslie; Applicant: Crown (Procurator Fiscal); Interested Party: Emslie Family
Jurisdiction
Scotland
Judgment Date
17 January 2012
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death determined to be accidental, caused by workplace accident with no third party involvement or defect in system of work.
Legal Topics
Fatal Accident Inquiry, Workplace Accident, Agricultural Safety, Causation of Death
Coronial Law Health and Safety Law Fatal Accident Inquiry Workplace Accident Agricultural Safety Causation of Death

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Parties

Harry William Emslie

Deceased

Crown (Procurator Fiscal)

Applicant

Emslie Family

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What caused the death of Harry William Emslie?
  2. 2 What reasonable precautions could have prevented the accident?
  3. 3 Was there any defect in the system of work or third party involvement?

Ratio Decidendi

Harry William Emslie died as a result of being crushed by the bucket attachment of a Manitou vehicle after exiting the cab without engaging the handbrake, leaving the vehicle in gear with the engine running, and leaving a dog in the cab, which likely knocked the drive lever into the forward position, causing the vehicle to move forward and pin him against the wall. The accident could have been avoided by taking reasonable precautions such as engaging the handbrake, switching off the engine, leaving the vehicle in neutral, parking parallel to the wall, or removing the dog from the cab.

Court Disposition

Death determined to be accidental, caused by workplace accident with no third party involvement or defect in system of work.