INQUIRY INTO THE DEATH OF MOHAMMED TASLEEN IQBAL [2001] ScotSC 18 (20th September, 2001)

INQUIRY INTO THE DEATH OF MOHAMMED TASLEEN IQBAL [2001] ScotSC 18 (20th September, 2001)

The death of Mohammed Tasleen Iqbal was caused by accidental drowning during a diving incident resulting from a combination of failures: (i) instructors failed to observe proper diving practices and safety procedures, including ensuring all divers surfaced and conducting search and rescue; (ii) Aquatron failed to select a suitable location for first dry suit training appropriate to Iqbal's experience; (iii) Aquatron supplied defective equipment (badly adjusted regulator and faulty pressure gauge). These failures constituted defects in the system of working and breaches of statutory and common law duties of care.

Citation
[2001] ScotSC 18
Parties
Deceased: Mohammed Tasleen Iqbal; Procurator Fiscal (public Interest): Graham Fraser; Instructor, Respondent: David Martin; Respondent (employer/training Provider): Aquatron
Jurisdiction
Scotland
Procedural Posture
Fatal Accident Inquiry / Determination After Evidentiary Hearing
Outcome
Death determined to be accidental, caused by failures in instruction, supervision, site selection, and equipment maintenance; recommendations issued.
Legal Topics
Workplace Safety, Duty of Care, Recreational Diving Regulation, Equipment Maintenance, Training Standards
Health and Safety Tort/delict Employment Workplace Safety Duty of Care Recreational Diving Regulation Equipment Maintenance Training Standards

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Parties

Mohammed Tasleen Iqbal

Deceased

Graham Fraser

Procurator Fiscal (public Interest)

David Martin

Instructor, Respondent

Aquatron

Respondent (employer/training Provider)

Procedural Posture

Fatal Accident Inquiry / Determination After Evidentiary Hearing

Legal Issues

  1. 1 Whether the death of Mohammed Tasleen Iqbal was caused by failures in diving instruction, supervision, equipment, or procedures; whether reasonable precautions could have prevented the death; whether defects in the system of working contributed to the accident; what recommendations should be made to prevent recurrence.

Ratio Decidendi

The death of Mohammed Tasleen Iqbal was caused by accidental drowning during a diving incident resulting from a combination of failures: (i) instructors failed to observe proper diving practices and safety procedures, including ensuring all divers surfaced and conducting search and rescue; (ii) Aquatron failed to select a suitable location for first dry suit training appropriate to Iqbal's experience; (iii) Aquatron supplied defective equipment (badly adjusted regulator and faulty pressure gauge). These failures constituted defects in the system of working and breaches of statutory and common law duties of care.

Court Disposition

Death determined to be accidental, caused by failures in instruction, supervision, site selection, and equipment maintenance; recommendations issued.

Orders

  • Regular checks and documentation of pressure gauges for defects.
  • Pre-hire checks and documentation of regulators for inhalation resistance and adjustment.