Gamekeeper’s storm ATV death could have been avoided, inquiry finds

A fatal accident inquiry has found that the death of an Aberdeenshire gamekeeper who crashed an all-terrain vehicle during Storm Malik could have been avoided if the day’s shoot had been called off. Sheriff Christine McCrossan ruled that cancelling the shoot on safety grounds that morning would have been a reasonable precaution that might well have saved Matthew Burden’s life.

What did the fatal accident inquiry find?

Matthew Burden, 36, a gamekeeper at the Tillypronie estate near Tarland, crashed his Can-Am Traxter on an unclassified road during Storm Malik on 29 January 2022. His side-by-side was found against a drystone wall and he was discovered lying unconscious on the road. He was taken to Aberdeen Royal Infirmary, where he died from a head injury on 6 February 2022.

At Aberdeen Sheriff Court, Sheriff Christine McCrossan found the death could have been avoided had the shoot been cancelled first thing, and had Mr Burden been wearing a seatbelt.

“I find that cancelling the shoot at 7am would have been a precaution which was reasonable to take … and had it been taken, there is a lively possibility that the accident would have been avoided,” the sheriff said.

How bad was the weather that morning?

An amber Met Office warning for high winds was in force across eastern Scotland, with gusts of 50 to 60mph. Witnesses told the inquiry the conditions were so severe that windows were rattling and dog kennels had been blown over.

The sheriff noted that all the witnesses who spoke to the weather that morning agreed it was unsafe to go ahead with a shoot.

What does the case mean for shoot-day safety?

The inquiry is a stark reminder of the risks keepers run on shoot mornings in rough weather, and of the long-standing safety guidance around quad bikes and side-by-side ATVs. The Health and Safety Executive lists all-terrain vehicle incidents among the most common causes of death and serious injury in agriculture.

Its guidance points operators towards proper training, head protection or restraint use where fitted, and calling off work in dangerous conditions. On a shoot day the decision to proceed rests with those running the day, and the determination underlines that cancelling is sometimes the only safe call.

A spokesman for the Tillypronie estate said Mr Burden had been “a highly valued and much liked employee” and that everyone there had been “devastated by his death through such a tragic accident”. The estate said it believed it had acted responsibly on health and safety at the time, had taken a number of steps since, and would reflect further on the inquiry’s findings.

What happens next?

Sheriff McCrossan offered her “sincerest condolences” to Mr Burden’s family. He was survived by his fiancee and their children.

The full determination has been published by the Scottish Courts and Tribunals Service, and keepers can find all-terrain vehicle safety guidance on the Health and Safety Executive website.