Based on reporting by STV News, 9 September 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, a fatal accident inquiry has concluded into the death of an elderly farmer who was struck by a cow at a farm near Stonehaven, Aberdeenshire, in June of last year. The farmer, who was in his late eighties, was taking part in moving cattle onto a lorry bound for slaughter when one of the animals turned and charged at him. He was taken to Aberdeen Royal Infirmary but died that evening from a traumatic brain injury and rib fractures.
As reported by STV News, Sheriff Ian Wallace noted in his written determination that the farmer could have waited for his daughter and a lorry driver, who were already on their way, before proceeding with the task. The sheriff also noted that the farmer's health had declined in recent years and that his reduced mobility placed him at greater risk when handling livestock. Given that the farm no longer keeps cattle and the family do not intend to continue operating it, the sheriff made no formal recommendations.
The Procurator Fiscal for the Crown Office and Procurator Fiscal Service commented, according to STV News, that the case underlines the importance of properly assessing risks when handling cattle, noting that even routine tasks involving livestock can have serious and unpredictable consequences. The sheriff is reported to have paid tribute to the farmer's lifelong dedication to farming and to the evident love his family held for him.
Fatal accident inquiries and civil claims in Scotland
A fatal accident inquiry (FAI) is a public inquiry held in Scotland under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. It is not a criminal proceeding and does not assign legal liability. Its purpose is to establish the facts surrounding a death and, where possible, identify any measures that could prevent similar incidents in future. The findings of an FAI can, however, be relevant background information in any subsequent civil claim.
Separately from an FAI, close relatives of a person who has died as a result of an incident at work may be entitled to bring a civil claim for compensation under Scots law. In incidents of this kind involving agricultural work, liability in general terms often depends on whether there was a duty of care owed to the deceased and whether the circumstances of the incident involved any breach of that duty. Relevant legislation includes the Health and Safety at Work etc. Act 1974 and associated regulations covering livestock handling. Each case is assessed on its own facts.
It is worth noting that a determination by a sheriff in an FAI, or observations made within it, does not automatically translate into liability in a civil claim. Civil claims require separate legal assessment and must establish fault on the balance of probabilities.
Time limits for bringing a claim
Under the Prescription and Limitation (Scotland) Act 1973, relatives who wish to bring a civil compensation claim following a death generally have three years from the date of death in which to do so. This is known as the three-year limitation period. Missing this deadline can result in a claim being barred by the court, regardless of its merits.
There is no expectation that families must act quickly in the immediate aftermath of a bereavement. The three-year period is intended to allow time for reflection and proper legal advice. However, it is sensible to seek guidance well before that deadline approaches, as gathering evidence and medical records can take time.
What compensation can cover following a fatal accident
Under the Damages (Scotland) Act 2011, certain close relatives of a person who has died as a result of another party's fault may be entitled to make a claim. The categories of loss that can be claimed include:
- Loss of support - financial contributions the deceased made to the household or family members who depended on them
- Funeral costs - reasonable expenses associated with the funeral and burial or cremation
- Loss of society - an acknowledgement of the grief, distress and loss of companionship suffered by close relatives
- Services - where the deceased provided practical help or care within the family that must now be sourced elsewhere
The relatives who may be entitled to claim include a spouse or civil partner, children, parents and, in some circumstances, siblings or other close family members, depending on the nature of the relationship. Each claim is assessed individually, taking into account the specific circumstances of the family and the nature of the relationship with the deceased.
It is worth knowing that any fees payable for legal assistance are not deducted from the compensation received, under properly structured no-win, no-fee arrangements. Families are encouraged to seek independent legal advice at a time that feels appropriate to them.
Frequently asked questions
Does the outcome of a fatal accident inquiry mean a civil claim will succeed?
No. An FAI is not a civil or criminal court process and does not determine liability. Its findings can inform a civil claim, but a separate legal assessment is required. Whether a claim succeeds depends on whether fault can be established on the balance of probabilities under civil law.
Who can claim compensation after a family member is killed in a farming accident?
Under the Damages (Scotland) Act 2011, close relatives including spouses, civil partners, children and parents may be entitled to claim. The precise eligibility depends on the nature of the relationship. A solicitor can advise which family members are likely to qualify in any given situation.
How long do relatives have to make a claim?
In Scotland, the general rule under the Prescription and Limitation (Scotland) Act 1973 is that a civil claim must be raised within three years of the date of death. There are limited exceptions, but it is advisable to seek legal advice well before that period expires to allow proper preparation of the case.
What if the deceased was partly responsible for what happened?
Scots law allows for contributory negligence, meaning that if the deceased is found to have contributed to the circumstances of the accident, any compensation awarded may be reduced proportionately. This does not automatically prevent a claim from proceeding; each case is assessed on its own facts and merits.
Does it cost money to get legal advice about a fatal accident claim?
Many solicitors in Scotland handle fatal accident claims on a no-win, no-fee basis, meaning that fees are not deducted from any compensation recovered. Initial enquiries are typically free of charge. Families should seek independent legal advice to understand the options available to them without any obligation to proceed.
Based on reporting by STV News, 9 September 2026. All rights in the original report remain with the publisher.