Based on reporting by Glasgow Times, 28 October 2026. All rights in the original report remain with the publisher.
What was reported
According to the Glasgow Times, a sheriff has published recommendations calling for stronger safety regulations governing riverboarding and canyoning in Scotland, following a joint fatal accident inquiry into two separate deaths. The inquiry examined the death of a 12-year-old boy who became trapped near a weir on the River Tay in Perthshire during a riverboarding session in July 2019, and the death of a man in his late 30s who drowned in Dollar Glen in April 2024 while attempting to assist a client in difficulty.
As reported by the Glasgow Times, the boy, who had limited swimming ability, was separated from his board during a day trip organised by a community group. He was airlifted to hospital in Dundee before being transferred to a children's hospital in Glasgow, where he died the following day. The second incident involved an experienced adventure guide who lost his life during a canyoning session.
The Glasgow Times reports that the fatal accident inquiry took place at Falkirk Sheriff Court. A company connected to the first incident was previously prosecuted for a contravention of health and safety legislation and fined. Sheriff Keith O'Mahony's published determination included recommendations directed at the Health and Safety Executive and relevant adventure licensing authorities, with the aim of improving the oversight of water-based outdoor activities in Scotland.
Fatal accident claims in Scotland
When a person dies as a result of an accident in a public place or during an organised activity in Scotland, close relatives may have the right to pursue a compensation claim. Such claims are governed primarily by the Damages (Scotland) Act 2011, which sets out who is entitled to claim and what losses can be included.
In incidents of this kind, liability may rest with an activity organiser, a landowner, an employer, or another party responsible for managing a site or supervising participants. Each case turns on its own facts and circumstances. Whether a duty of care existed, whether that duty was breached, and whether the breach caused the death are all questions that require careful examination. Nothing about any particular party's legal position should be assumed from press reporting alone.
Fatal accident inquiries, such as the one described above, are not civil proceedings and do not determine liability for the purpose of compensation. However, the findings and recommendations made by a sheriff can sometimes be relevant background material when a civil claim is later pursued separately.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a claim arising from a fatal accident must generally be brought within three years of the date of death. For a child who loses a close relative, the three-year period typically begins when the child turns 16, meaning young dependants are not disadvantaged by the standard rule.
While three years may seem a long time, gathering evidence, obtaining medical and expert reports, and identifying all potential defenders takes time. Families are under no obligation to act immediately while grieving, but it is sensible to seek legal advice well before the time limit approaches so that no options are inadvertently lost.
What compensation can cover
Under the Damages (Scotland) Act 2011, the following categories of loss may be claimed by qualifying relatives following a death:
- Loss of support: Where the deceased provided financial support to a partner, children, or other dependants, the value of that support over time may be recovered.
- Funeral expenses: Reasonable costs associated with the funeral and burial or cremation can form part of a claim.
- Loss of society and guidance: This reflects the grief, distress, and loss of the deceased's companionship and care. For a child who loses a parent, or a parent who loses a child, this head of damages acknowledges the profound and lasting nature of that loss.
- Services: Where the deceased provided practical care or domestic services to family members, the cost of replacing those services may be included.
Qualifying relatives under the 2011 Act include a spouse or civil partner, a cohabiting partner of at least two years, children, parents, siblings, and in some circumstances grandparents and grandchildren. Each case is assessed individually and the level of award depends on the specific relationship and circumstances.
It is worth noting that in Scotland, solicitors handling personal injury and fatal accident claims on a no-win, no-fee basis are not permitted to deduct their fees from the compensation awarded to the client.
Frequently asked questions
Can a family claim compensation after a fatal outdoor activity accident in Scotland?
Yes. Close relatives of a person who has died as a result of an accident may be entitled to make a civil compensation claim under the Damages (Scotland) Act 2011. The claim is separate from any criminal prosecution or fatal accident inquiry and is pursued through the civil courts.
Does a fatal accident inquiry affect a civil compensation claim?
A fatal accident inquiry does not determine civil liability and cannot award compensation. However, the sheriff's findings may be useful background when building a civil case. Families should seek independent legal advice about their options regardless of the inquiry outcome.
How long do families have to bring a claim after a death?
Under the Prescription and Limitation (Scotland) Act 1973, the general rule is three years from the date of death. There are exceptions, particularly for child relatives, whose time limit may not begin until they turn 16. Taking legal advice early is always advisable.
What if the deceased was partly responsible for what happened?
In Scotland, contributory negligence can reduce the amount of compensation awarded, but it does not automatically prevent a claim from succeeding. The courts assess the degree of responsibility of each party and adjust the award accordingly. A legal adviser can explain how this might apply in a specific situation.
Can children claim compensation after losing a parent in this type of accident?
Yes. Children are qualifying relatives under the Damages (Scotland) Act 2011 and may claim for loss of society, loss of guidance, and, where applicable, loss of financial support. Their claim is protected by extended time limits under the Prescription and Limitation (Scotland) Act 1973.
Based on reporting by Glasgow Times, 28 October 2026. All rights in the original report remain with the publisher.