INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF KIERAN RAMSAY [2011] ScotSC 72 (10 March 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF KIERAN RAMSAY [2011] ScotSC 72 (10 March 2011)

The death of Kieran Ramsay was caused by non-survivable head injuries sustained when his van, driven at excessive speed for the icy road conditions, left the road and collided with a tree. The accident might have been avoided had he driven at a much lower speed appropriate to the conditions. There was no defect in any system of working by the Highland Council that contributed to the death, and the use of a seatbelt would not have altered the outcome.

Citation
[2011] ScotSC 72
Parties
Deceased: Kieran Ramsay; Applicant: Procurator Fiscal, Dingwall (Mr. Phillips); Interested Party: Highland Council
Jurisdiction
Scotland
Judgment Date
10 March 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Determination issued under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, section 6.
Legal Topics
Fatal Accident Inquiry, Road Traffic Accident, Employer's Duty of Care, Local Authority Liability, Winter Road Maintenance
Public Law Health and Safety Employment Law Fatal Accident Inquiry Road Traffic Accident Employer's Duty of Care Local Authority Liability Winter Road Maintenance

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Parties

Kieran Ramsay

Deceased

Procurator Fiscal, Dingwall (Mr. Phillips)

Applicant

Highland Council

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What were the circumstances of Kieran Ramsay's death?
  2. 2 What was the cause of death?
  3. 3 Could reasonable precautions have avoided the death?

Ratio Decidendi

The death of Kieran Ramsay was caused by non-survivable head injuries sustained when his van, driven at excessive speed for the icy road conditions, left the road and collided with a tree. The accident might have been avoided had he driven at a much lower speed appropriate to the conditions. There was no defect in any system of working by the Highland Council that contributed to the death, and the use of a seatbelt would not have altered the outcome.

Court Disposition

Determination issued under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, section 6.