INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ALEXANDER DAVID BANKS [2012] ScotSC 98 (11 October 2012)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ALEXANDER DAVID BANKS [2012] ScotSC 98 (11 October 2012)

Alexander David Banks died as a result of multiple injuries sustained when he was dragged by a cow to which he was attached by a rope while assisting the cow with its newborn calf. The method used, while having tragic consequences, was not found to be unreasonable given his experience and available equipment. No defect in the system of work or failure in duty was established.

Citation
[2012] ScotSC 98
Parties
Deceased: Alexander David Banks; Applicant: Crown (Procurator Fiscal)
Jurisdiction
Scotland
Judgment Date
11 October 2012
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death by accident; no recommendations or findings under sections 6(1)(c), (d), or (e).
Legal Topics
Workplace Accident, Farming Accident, Employer's Duties, Risk Assessment
Coronial Law Health and Safety Workplace Accident Farming Accident Employer's Duties Risk Assessment

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Parties

Alexander David Banks

Deceased

Crown (Procurator Fiscal)

Applicant

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Circumstances and cause of Alexander David Banks' death
  2. 2 Whether safe working practices were followed
  3. 3 Whether any defect in the system of work contributed to the death

Ratio Decidendi

Alexander David Banks died as a result of multiple injuries sustained when he was dragged by a cow to which he was attached by a rope while assisting the cow with its newborn calf. The method used, while having tragic consequences, was not found to be unreasonable given his experience and available equipment. No defect in the system of work or failure in duty was established.

Court Disposition

Death by accident; no recommendations or findings under sections 6(1)(c), (d), or (e).