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Suspended sentence for roofing contractor, after worker dies in fall (21 February 2017)

Date: 21/02/2017
Duncan Lewis, Legal News Solicitors, Suspended sentence for roofing contractor, after worker dies in fall

A self-employed businessman has been prosecuted, after his employee fell from the flat roof of a building and died from his injuries.

On 22 December 2013, father-of-two Jason Fogarty – a casual employee of Roy Hardaker – was working on a flat roof replacement project with Hardaker.

The roof replacement was complete and the men were installing cladding and flashing around the top of the building to seal the edges of the roof.

Mr Fogarty was holding the cladding sheets in position from a ladder footed by his colleague, while Hardaker secured the sheets and the flashing from the roof. However, Mr Fogerty climbed up onto the roof and subsequently fell from the edge and was pronounced dead at the scene. The reason for him climbing up to the roof has not been uncovered.

A joint investigation carried out by Greater Manchester Police and the Health and Safety Executive (HSE) found that the work was not properly planned in order to ensure it could be carried out safely. As a result, there were no measures in place – such as scaffold edge protection – to prevent falls from the edges of the roof.

At Manchester Crown Court, Roy Hardaker – 9 to 5 Roofing of Oldham – pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 .

He was sentenced to nine months’ imprisonment, suspended for two years, and 200 hours of unpaid work.

After the hearing, HSE inspector Laura Moran said:

“The dangers associated with working at height are well known. Mr. Hardaker is an experienced roofer, who completely failed in his duties to properly plan the roof work and to ensure it was carried out safely.

By failing to have suitable edge protection installed around the building, Mr. Hardaker put himself and his employees at risk, ultimately costing Mr. Fogarty his life.”


Duncan Lewis Personal Injury Solicitors

Duncan Lewis personal injury solicitors can advise those who suffer injury in a fall from height caused by negligence on how to make a no win no fee claim for compensation, including claims relating to:

  • Accidents at work
  • Construction accidents
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  • Holiday accidents
  • Industrial injuries
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  • School accidents
  • Sports injuries.

  • Falls from height claims usually have to be made within three years of injury or diagnosis of injury – children can make personal injury claims up to the age of 21.

    Duncan Lewis also offers supportive legal advice to families whose loved one has lost their life as a result of a fall from height caused by negligence.

    We are also specialists in high-value personal injury claims involving catastrophic or life changing injuries.

    For expert legal advice on no win no fee Falls from Height Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.

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