A recent Fatal Accident Inquiry has cast a stark light on significant safety lapses at a well-known hotel in Pitlochry, Perthshire, following the tragic death of a 75-year-old man in December 2019. The inquiry concluded that the death of Wallace Hunter, who became trapped and fatally scalded in a bathroom, was entirely preventable, leading to strong criticism from his grieving family and their legal representatives.
Mr. Hunter, a resident of Eaglesham in East Renfrewshire, was a guest at the Pitlochry Hydro when the devastating incident occurred. At approximately 8:30 in the morning, he found himself unable to exit the bath. His calls for help were reportedly hampered by a bathroom door that opened outwards and was secured by a bolt, trapping him inside. Despite desperate attempts to free him, including efforts by hotel staff and eventually firefighters, Mr. Hunter remained in the bath. When emergency services finally gained entry, the tap was still running, and the water temperature was dangerously high, confirming the horrific circumstances of his passing. Inquiry Highlights Critical Lapses
Sheriff John MacRitchie, presiding over the inquiry at Alloa Sheriff Court, delivered a clear and unequivocal judgment: Mr. Hunter’s death could, and should, have been avoided. The Sheriff highlighted several critical failings within the hotel’s operational procedures. Specifically, he pointed out the absence of regular, annual checks on water taps, a deficiency made more egregious by previous complaints concerning water temperature. Furthermore, the inquiry determined that the bathroom door’s design, which prevented it from being opened from the outside in an emergency, was a contributing factor to the tragedy. It was noted that the mixer tap in question was over three decades old and suffered from a ‘very sensitive’ temperature control, issues that an investigation by the Health and Safety Executive (HSE) later corroborated. Thankfully, the hotel, now under new ownership since its closure in 2020 and reopening in 2021, has since addressed these serious safety concerns.
For Wallace Hunter’s family, the details uncovered during the inquiry have been a source of immense pain and indignation. His son, Keir, and daughter, Kimberley, expressed the profound difficulty of reading the sheriff’s judgment, describing it as depicting their father’s ‘excruciating and drawn out final moments.’ They stated directly that the judgment ‘shines a light on the fact that his death could and would have been avoided had the hotel used qualified maintenance staff and had the most basic of maintenance regimes in place for its hot water supply.’ Their statement went on to reveal that ‘The fault which caused our father’s death had been complained about by many previous guests and was well know to the the hotel management,’ and that ‘They ignored these warnings. We are frankly appalled that this hotel was allowed to open its doors to the public in 21st century Scotland.’ Calls for Accountability and Broader Industry Change
Glen Millar, a partner at Thompsons Solicitors Scotland, who represented the Hunter family, echoed the family’s sentiments and provided a broader context for the systemic failures. He remarked that he struggles to recall another case where a fatality resulted from ‘such a litany of avoidable failures.’ Mr. Millar emphasized that the tragic events that befell Mr. Hunter could easily have occurred to ‘any one of the many elderly guests who stayed at the hotel in the years leading up to this tragedy.’ He viewed the sheriff’s judgment as a significant ‘vindication’ for a family that has shown remarkable determination and dignity, not only in enduring the loss of their loved one but also in confronting what he termed the ‘abject failure to acknowledge culpability by both hotel and insurers.’ The legal team now hopes that the inquiry’s findings will expedite the resolution of a separate civil action that the family has initiated at the Court of Session in Edinburgh.
The inquiry heard compelling evidence, including that Mr. Hunter was conscious for a significant period after he realized he could not turn off the tap, prior to succumbing to the scalding water. While Sheriff MacRitchie acknowledged that it was ‘not possible to definitively state whether earlier rescue would have resulted in Mr Hunter’s survival,’ he underscored the ‘real and lively possibility that had Mrs Hunter or others been able to enter the bathroom and assist Mr Hunter from the bath and/ or turn off the tap at an earlier time Mr Hunter may have survived.’ This poignant observation reinforces the critical importance of swift emergency access and proper maintenance protocols in all public accommodation settings.
The Sheriff’s concluding remarks served as a powerful call to action, urging that ‘The lessons learned from the death of Mr Hunter should now be utilised to prevent such events from happening again elsewhere, and the findings of this inquiry should alert all hotels or other establishments to recognise the real potential for such a fatal scalding to take place, and to analyse relative risk accordingly.’ This case serves as a stark reminder to businesses across Perth and Kinross, and indeed Scotland, of the profound responsibility they bear for the safety and well-being of their guests, ensuring that such a tragedy is never repeated within the hospitality sector.
Mr. Hunter, a resident of Eaglesham in East Renfrewshire, was a guest at the Pitlochry Hydro when the devastating incident occurred. At approximately 8:30 in the morning, he found himself unable to exit the bath. His calls for help were reportedly hampered by a bathroom door that opened outwards and was secured by a bolt, trapping him inside. Despite desperate attempts to free him, including efforts by hotel staff and eventually firefighters, Mr. Hunter remained in the bath. When emergency services finally gained entry, the tap was still running, and the water temperature was dangerously high, confirming the horrific circumstances of his passing. Inquiry Highlights Critical Lapses
Sheriff John MacRitchie, presiding over the inquiry at Alloa Sheriff Court, delivered a clear and unequivocal judgment: Mr. Hunter’s death could, and should, have been avoided. The Sheriff highlighted several critical failings within the hotel’s operational procedures. Specifically, he pointed out the absence of regular, annual checks on water taps, a deficiency made more egregious by previous complaints concerning water temperature. Furthermore, the inquiry determined that the bathroom door’s design, which prevented it from being opened from the outside in an emergency, was a contributing factor to the tragedy. It was noted that the mixer tap in question was over three decades old and suffered from a ‘very sensitive’ temperature control, issues that an investigation by the Health and Safety Executive (HSE) later corroborated. Thankfully, the hotel, now under new ownership since its closure in 2020 and reopening in 2021, has since addressed these serious safety concerns.
For Wallace Hunter’s family, the details uncovered during the inquiry have been a source of immense pain and indignation. His son, Keir, and daughter, Kimberley, expressed the profound difficulty of reading the sheriff’s judgment, describing it as depicting their father’s ‘excruciating and drawn out final moments.’ They stated directly that the judgment ‘shines a light on the fact that his death could and would have been avoided had the hotel used qualified maintenance staff and had the most basic of maintenance regimes in place for its hot water supply.’ Their statement went on to reveal that ‘The fault which caused our father’s death had been complained about by many previous guests and was well know to the the hotel management,’ and that ‘They ignored these warnings. We are frankly appalled that this hotel was allowed to open its doors to the public in 21st century Scotland.’ Calls for Accountability and Broader Industry Change
Glen Millar, a partner at Thompsons Solicitors Scotland, who represented the Hunter family, echoed the family’s sentiments and provided a broader context for the systemic failures. He remarked that he struggles to recall another case where a fatality resulted from ‘such a litany of avoidable failures.’ Mr. Millar emphasized that the tragic events that befell Mr. Hunter could easily have occurred to ‘any one of the many elderly guests who stayed at the hotel in the years leading up to this tragedy.’ He viewed the sheriff’s judgment as a significant ‘vindication’ for a family that has shown remarkable determination and dignity, not only in enduring the loss of their loved one but also in confronting what he termed the ‘abject failure to acknowledge culpability by both hotel and insurers.’ The legal team now hopes that the inquiry’s findings will expedite the resolution of a separate civil action that the family has initiated at the Court of Session in Edinburgh.
The inquiry heard compelling evidence, including that Mr. Hunter was conscious for a significant period after he realized he could not turn off the tap, prior to succumbing to the scalding water. While Sheriff MacRitchie acknowledged that it was ‘not possible to definitively state whether earlier rescue would have resulted in Mr Hunter’s survival,’ he underscored the ‘real and lively possibility that had Mrs Hunter or others been able to enter the bathroom and assist Mr Hunter from the bath and/ or turn off the tap at an earlier time Mr Hunter may have survived.’ This poignant observation reinforces the critical importance of swift emergency access and proper maintenance protocols in all public accommodation settings.
The Sheriff’s concluding remarks served as a powerful call to action, urging that ‘The lessons learned from the death of Mr Hunter should now be utilised to prevent such events from happening again elsewhere, and the findings of this inquiry should alert all hotels or other establishments to recognise the real potential for such a fatal scalding to take place, and to analyse relative risk accordingly.’ This case serves as a stark reminder to businesses across Perth and Kinross, and indeed Scotland, of the profound responsibility they bear for the safety and well-being of their guests, ensuring that such a tragedy is never repeated within the hospitality sector.