INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JAMES STEELE [2012] ScotSC 57 (02 May 2012)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JAMES STEELE [2012] ScotSC 57 (02 May 2012)

James Steele died as a result of a head injury due to a fall from a height while engaged in his employment; there were no reasonable precautions that could have avoided his death and no defects in the system of working contributed to the death.

Citation
[2012] ScotSC 57
Parties
Deceased: James Steele; Applicant: Crown (represented by John Service, District Procurator Fiscal); Employer/respondent: Castle Estates
Jurisdiction
Scotland
Judgment Date
02 May 2012
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Formal determination of accidental death in the course of employment; no recommendations or findings of fault.
Legal Topics
Workplace Fatality, Mandatory Inquiry, Accidental Death
Coronial Law Employment Law Workplace Fatality Mandatory Inquiry Accidental Death

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Parties

James Steele

Deceased

Crown (represented by John Service, District Procurator Fiscal)

Applicant

Castle Estates

Employer/respondent

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Cause of death of James Steele
  2. 2 Whether reasonable precautions could have avoided the death
  3. 3 Whether defects in the system of working contributed to the death

Ratio Decidendi

James Steele died as a result of a head injury due to a fall from a height while engaged in his employment; there were no reasonable precautions that could have avoided his death and no defects in the system of working contributed to the death.

Court Disposition

Formal determination of accidental death in the course of employment; no recommendations or findings of fault.