DETERMINATION FOLLOWING AN INQUIRY INTO THE DEATH OF LIAM JOSEPH BOYLE UNDER FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2011] ScotSC 78 (25 March 2011)

DETERMINATION FOLLOWING AN INQUIRY INTO THE DEATH OF LIAM JOSEPH BOYLE UNDER FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2011] ScotSC 78 (25 March 2011)

Liam Joseph Boyle died from electrocution after handling exposed wires of an un-terminated electrical cable and plug left unattended in his home. The death could have been avoided by keeping the cable and plug out of reach during the work and removing them after completion. No defects in any system of working contributed to the death, and no other relevant facts were established.

Citation
[2011] ScotSC 78
Parties
Deceased: Liam Joseph Boyle; Applicant: The Crown
Jurisdiction
Scotland
Judgment Date
25 March 2011
Procedural Posture
Fatal Accident Inquiry / Determination Following Inquiry
Outcome
Death determined as accidental due to electrocution; reasonable precautions identified; no defects or other relevant facts found.
Legal Topics
Fatal Accidents, Electrocution, Reasonable Precautions, Child Safety
Public Law Health and Safety Fatal Accidents Electrocution Reasonable Precautions Child Safety

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Parties

Liam Joseph Boyle

Deceased

The Crown

Applicant

Procedural Posture

Fatal Accident Inquiry / Determination Following Inquiry

Legal Issues

  1. 1 Circumstances of death of Liam Joseph Boyle
  2. 2 Cause of death
  3. 3 Reasonable precautions to avoid death

Ratio Decidendi

Liam Joseph Boyle died from electrocution after handling exposed wires of an un-terminated electrical cable and plug left unattended in his home. The death could have been avoided by keeping the cable and plug out of reach during the work and removing them after completion. No defects in any system of working contributed to the death, and no other relevant facts were established.

Court Disposition

Death determined as accidental due to electrocution; reasonable precautions identified; no defects or other relevant facts found.

Orders

  • Finds and determines the time, place, and cause of death as required by statute.
  • Identifies reasonable precautions whereby death might have been avoided.