INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF NEIL SMITH [2012] ScotSC 47 (16 April 2012)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF NEIL SMITH [2012] ScotSC 47 (16 April 2012)

Neil Smith's death was caused by drowning after being dragged into the sea when his leg became entangled in a rope during creel shooting. The accident would not have occurred had he remained in the wheelhouse, which was his usual safe practice. No defect in the system of working contributed to the death.

Citation
[2012] ScotSC 47
Parties
Deceased: Neil Smith; Applicant: Procurator Fiscal
Jurisdiction
Scotland
Judgment Date
16 April 2012
Procedural Posture
Fatal Accident Inquiry / Determination After Evidence Hearing
Outcome
Formal determination of cause and circumstances of death under the 1976 Act.
Legal Topics
Fatal Accident Inquiry, Workplace Safety, Maritime Accident, Drowning, Single Handed Fishing Operations
Coronial Law Health and Safety Fatal Accident Inquiry Workplace Safety Maritime Accident Drowning Single Handed Fishing Operations

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Parties

Neil Smith

Deceased

Procurator Fiscal

Applicant

Procedural Posture

Fatal Accident Inquiry / Determination After Evidence Hearing

Legal Issues

  1. 1 Cause of Neil Smith's death
  2. 2 Whether reasonable precautions could have prevented the death
  3. 3 Whether any defect in the system of working contributed to the death

Ratio Decidendi

Neil Smith's death was caused by drowning after being dragged into the sea when his leg became entangled in a rope during creel shooting. The accident would not have occurred had he remained in the wheelhouse, which was his usual safe practice. No defect in the system of working contributed to the death.

Court Disposition

Formal determination of cause and circumstances of death under the 1976 Act.