Tourist died after falling off heavy bench that trapped him against a wall
The owners of a hotel in the Scottish Highlands has been fined £14,000 over the death of a guest who was trapped against a wall by a bench on its grounds.
American tourist Patrick McGuire had gone outside to take photographs and have a cigarette when he sat on a bench outside the Glengarry Castle Hotel on the banks of Loch Oich in April 2019.
When he leaned back on the seat, it tipped backwards and trapped him against a wall.
Mr McGuire hit his head, and was unable to move the 72kg cast iron bench.
The BBC reported Inverness Sheriff Court was told the cause of his death was positional asphyxiation.
Mr McGuire had been visiting the hotel from Wisconsin, along with his wife Anna and two friends.
Robert and Donald MacCallum and late partner, Janette MacCallum – the owners of the hotel – had been facing a £21,000 fine.
However, it was reduced as they accepted full responsibility for the incident at the earliest opportunity.
Sheriff Gary Aitken said: ‘No-one goes on holiday expecting not to come back.
‘There can be fewer low risk activities than sitting outside on a garden bench, taking a photograph and having a cigarette.’
Defence solicitor Jaimie McGready told the court the hotel had previously attempted to solve the issue of sinking benches with wooden blocks embedded in the grass.
He added that a risk assessment carried out by insurers had not identified the issue.
The hoteliers admitted a breach of the Health and Safety Act.
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