The 53-year-old pedestrian died after he was fatally struck by a tram in the Saughton area of Edinburgh on 11 September 2018 while making his way home from work.
In his determination, Sheriff Douglas Keir found that there were reasonable precautions that could have been taken and had they been taken it might realistically have resulted in the death being avoided.
These included the process of risk assessment and safety management at Edinburgh Trams Limited (ETL), the design and layout of the non-motorised user (‘NMU’) crossings and an assessment of the audibility of warning systems fitted to ETL trams.
The sheriff also found there were defects in the company’s risk assessment process which contributed to the death.
The Crown, acting in the public interest, presented evidence on the facts and circumstances of Chloe’s deaths at the FAI.
The FAI followed the prosecution and conviction of ETL for a contravention of Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc. Act 1974 at Edinburgh Sheriff Court on 24 August 2023. The company was fined £240,000.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:
“The death of Carlos Correa occurred in circumstances giving rise to significant public concern and as such a discretionary Fatal Accident Inquiry was instructed.
“The sheriff’s determination is detailed and notes reasonable precautions that could have been taken to avoid Mr Correa’s death.
“The FAI followed a thorough and comprehensive investigation by the Procurator Fiscal who ensured that the full facts and circumstances of Mr Carlos Correa’s death were presented in evidence.
"Our thoughts remain with Mr Correa’s family at this time.”