INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF CRAIG LOCHRIE [2010] ScotSC 183 (04 November 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF CRAIG LOCHRIE [2010] ScotSC 183 (04 November 2010)

Craig Lochrie died as a result of crush injuries sustained in an industrial accident when a lifting beam from a plate lift toppled and trapped him. The only reasonable precaution that might have avoided the death was for the deceased not to place himself in the danger zone between the legs of the plate lift. There were no defects in the system of working which contributed to the death, and the risk assessment and method statement were adequate for the circumstances. The accident's precise cause remains unexplained, but no evidence supports fault in the system or employer practices.

Citation
[2010] ScotSC 183
Parties
Deceased: Craig Lochrie; Procurator Fiscal (for the Crown): Ms Beattie; Partner of Deceased (interested Party): Leeanne Forrester; Father of Deceased (interested Party): Archibald Lochrie; Employer of Deceased (interested Party): G & J Metals Limited; Site Operator (interested Party): EMR Limited
Jurisdiction
Scotland
Judgment Date
04 November 2010
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
No defects in system of working; only reasonable precaution was for deceased not to place himself in danger zone; no other relevant facts.
Legal Topics
Workplace Accident, Industrial Safety, Risk Assessment, Fatal Accident Inquiry, System of Working, Reasonable Precautions
Health and Safety Employment Law Coronial Law Workplace Accident Industrial Safety Risk Assessment Fatal Accident Inquiry System of Working +1 more

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Parties

Craig Lochrie

Deceased

Ms Beattie

Procurator Fiscal (for the Crown)

Leeanne Forrester

Partner of Deceased (interested Party)

Archibald Lochrie

Father of Deceased (interested Party)

G & J Metals Limited

Employer of Deceased (interested Party)

EMR Limited

Site Operator (interested Party)

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 What were the circumstances of Craig Lochrie's death?
  2. 2 What was the cause of death?
  3. 3 Were there reasonable precautions whereby the death might have been avoided?

Ratio Decidendi

Craig Lochrie died as a result of crush injuries sustained in an industrial accident when a lifting beam from a plate lift toppled and trapped him. The only reasonable precaution that might have avoided the death was for the deceased not to place himself in the danger zone between the legs of the plate lift. There were no defects in the system of working which contributed to the death, and the risk assessment and method statement were adequate for the circumstances. The accident's precise cause remains unexplained, but no evidence supports fault in the system or employer practices.

Court Disposition

No defects in system of working; only reasonable precaution was for deceased not to place himself in danger zone; no other relevant facts.