DETERMINATION FOLLOWING AN INQUIRY INTO THE CIRCUMSTANCES OF THE DEATH OF JAMES ALEXANDER FRASER [2011] ScotSC 109 (10 June 2011)

DETERMINATION FOLLOWING AN INQUIRY INTO THE CIRCUMSTANCES OF THE DEATH OF JAMES ALEXANDER FRASER [2011] ScotSC 109 (10 June 2011)

The death of James Alexander Fraser was caused by traumatic asphyxia resulting from his chest being compressed by the closing tailgate of a baler. The immediate cause of the accident was the unintended disengagement of the hydraulic isolation valve, allowing the tailgate to fall. The accident would have been avoided...

Source-derived case information.

Citation
[2011] ScotSC 109
Parties
Deceased: James Alexander Fraser; Applicant: Procurator Fiscal
Jurisdiction
Scotland
Judgment Date
10 June 2011
Procedural Posture
Fatal Accident Inquiry / Determination Following Inquiry
Outcome
Death determined to be accidental, caused by traumatic asphyxia due to workplace accident; reasonable precautions not taken.
Legal Topics
Workplace Safety, Risk Assessment, Maintenance Procedures, Agricultural Machinery, Duty of Care
Health and Safety Fatal Accident Inquiry Agricultural Law Workplace Safety Risk Assessment Maintenance Procedures Agricultural Machinery Duty of Care

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Parties

James Alexander Fraser

Deceased

Procurator Fiscal

Applicant

Procedural Posture

Fatal Accident Inquiry / Determination Following Inquiry

Legal Issues

  1. 1 What caused the death of James Alexander Fraser?
  2. 2 What were the circumstances and causes of the accident?
  3. 3 Were there reasonable precautions whereby the death might have been avoided?

Ratio Decidendi

The death of James Alexander Fraser was caused by traumatic asphyxia resulting from his chest being compressed by the closing tailgate of a baler. The immediate cause of the accident was the unintended disengagement of the hydraulic isolation valve, allowing the tailgate to fall. The accident would have been avoided had the mechanical scotches been used. The primary defect in the system of work was the failure to carry out a risk assessment and implement secondary safety measures.

Court Disposition

Death determined to be accidental, caused by traumatic asphyxia due to workplace accident; reasonable precautions not taken.

Orders

  • No formal orders issued; determination made as to cause of death and accident.
  • Recommendation that mechanical supports (scotches) be used when working under raised machinery.