Twelve-year-old Kayden Walker, from Bridgeton, Glasgow drowned after becoming trapped underwater during a riverboarding activity at Stanley Weir on the River Tay in July 2019.
Ruaridh Stevenson, 39, from Cupar, Fife, drowned while leading a commercial canyoning excursion at Dollar Glen, Stirlingshire on 13 April 2024.
The Fatal Accident Inquiry followed an investigation by the Procurator Fiscal. It also follows the prosecution of Outdoor Pursuits Scotland Ltd for a contravention of health and safety legislation which led to Kayden Walker's death.
In his determination, Sheriff Keith O'Mahony identified precautions which might realistically have prevented both deaths and made recommendations aimed at improving safety in adventure water activities.
These include consideration of whether commercial riverboarding activities involving children should be brought within the adventure activities licensing regime and the development of additional guidance for activity providers.
The Sheriff also recommended strengthened site-specific risk assessment and further safety measures at Dollar Glen.
Following the publication of the determination, Debbie Carroll of the Crown Office and Procurator Fiscal Service, Scotland’s death investigation authority, said:
"This determination identifies important lessons for the adventure activities sector and those responsible for its regulation and oversight.
"The Sheriff's findings highlight the importance of robust risk assessment, effective safety controls and careful management of site-specific hazards.
"Our thoughts remain with the families and friends of Kayden Walker and Ruaridh Stevenson."
In relation to Kayden’s death, the Sheriff found that the hazards associated with Stanley Weir could have been avoided by leaving the river and bypassing the weir. He also found that the operator's risk assessment did not adequately identify and address the risk of entrapment at the weir or establish an appropriate system of work to manage that risk.
The Sheriff further found that maintaining one instructor above the weir and one below it until all participants had passed safely was a reasonable precaution which might realistically have avoided the accident.
In relation to Mr Stevenson's death, the Sheriff found that the canyoning trip should not have entered the Cauldron in the prevailing conditions and identified shortcomings in the site-specific assessment and management of changing water levels in Dollar Glen.
The Sheriff also found that the availability of an effective bank-based rescue system, such as a reach pole or pre-rigged throw line, was a precaution which might realistically have avoided the death.
Further information
The full determination can be read here:
This FAI follows the prosecution of Outdoor Pursuits Scotland Ltd in October 2024 for a contravention of health and safety legislation which led to Kayden’s death.
For more information on Fatal Accident Inquiries, see the Crown’s guide.