Fatal Accident Inquiry into the circumstances of the death of Linda Anne Murdoch or Weir [2011] FAI 2

In terms of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 section 6(1)(a), the Sheriff found that Linda Anne Murdoch or Weir died on 5 April 2010 in a drowning accident at Burnsands burn, Crairieknowe Farm, Thornhill, Dumfrieshill, while engaged in her occupation as a farmer.

The Sheriff recorded that the cause of death was drowning, following an accident when the deceased was attempting to cross the burn in an all-terrain vehicle quad bike. At this time, the stream was grossly swollen with fast moving water. The court heard that the burn was normally around six inches deep and could be easily crossed using a quad bike. Following heavy rain however, on the date of death the burn had a fast flowing depth of approximately two and a half feet. The Sheriff ruled that it was likely that the deceased had misjudged the depth of the burn on the day of the accident and had been swept away from the vehicle.

The Sheriff found that there were no defects in any system of working which contributed to the deceased's death and the accident resulting in her death.