Accident In Scotland

28/08/2010

Barriers were not in place at a council-run pier car park where a pensioner died after accidentally driving his car over the edge and into the sea.

Argyll and Bute Council admitted breaching health and safety regulations after the death of Duncan MacGillivray at Coal Pier in Dunoon, Argyll, on September 17, 2007.

The 75-year-old is believed to have driven forward instead of reversing from a parking bay and ran over the edge of the car park before plunging 10ft into the water and becoming trapped.

Health and Safety Executive inspector Mike Orr said: "A simple risk assessment would have identified the clear risks of an unprotected sheer drop into the sea at the edge of a car park - but sadly the council failed to do this. It's simply not acceptable that this didn't happen."

The council, which was fined £20,000 at Dunoon Sheriff Court, said it has installed a traffic barrier and hand rails at the Coal Pier car park and carried out safety inspections at other pier parking facilities.

Copyright © Press Association 2010

Elaine Russell from law firm Irwin Mitchell said: "This is an extremely tragic case which could easily have been avoided had the correct health and safety measures been implemented. Our thoughts are with the family at this difficult time and we hope that lessons will be learnt to prevent such tragedies occurring again."

Find out more about claims against the council.