Legal News

Tesco Maintenance Limited has been prosecuted after a Tesco employee had to have all five toes on his right foot amputated following a lift accident.

Tesco employee Mohammed Ferdous, 32, was unloading crates of fresh produce from a lift in the basement of the Tesco Metro store in Warwick Way, Victoria in south London in August 2009 – when the lift plummeted without warning and trapped his foot.

Mr Ferdous was left screaming in pain for 10 minutes before colleagues heard his cries and came to help him. Mr Ferdous suffered crush injuries to his foot in the accident.

After the accident, Mr Ferdous’ foot mummified as a result of being trapped for 10 minutes and losing its blood supply. Surgeons amputated five toes on Mr Ferdous’ right foot, leaving him with a permanent disability.

Mr Ferdous took Tesco to court in a civil action and won an undisclosed six-figure sum in court last year.

It is alleged by a friend of Mr Ferdous that Tesco would not accept liability for the accident and the serious and disabling injury he suffered, claiming Mr Ferdous should have used “common sense” while operating the lift.

In December at Southwark Crown Court, Tesco Maintenance Limited and lift maintenance contractor Otis Limited both pleaded guilty to one breach of Section 33 (1) (c) of the Health and Safety at Work etc Act 1974.

Tesco Maintenance Limited was fined £115,000 and Otis Limited was fined £110,000.

Mr Ferdous returned to work for Tesco one year after the accident – the unnamed friend who wished to remain anonymous said that he returned to work for Tesco because he feared he would not be able to get another job if he had to declare himself disabled. However, the friend said Mr Ferdous was “pretty disgusted” that Tesco had not accepted liability for the accident.

After the hearing, a spokesman for Tesco said:

“We deeply regret the injury to our colleague and have made substantial improvements to the lift in question to ensure this does not happen again.”

The Tesco spokesman added that Westminster Council had taken no further action after two other reports of incidents involving delivery cages, following Mr Fardous’ accident at work.

However, during the hearing at Southwark Crown Court, Judge Peter Testar said that neither Tesco Maintenance Limited nor Otis Limited had maintained the lift at all in the months leading up to Mr Fardous’ work injury. Summing up, he told the court:

"Mr Ferdous suffered terrible pain and distress – it must have been extremely frightening what happened to him and he has suffered serious lasting disability.
“Otis should have carried out maintenance properly and Tesco should have seen that it was done."

A spokesman for Tesco said that the lift had not been maintained for nine months as a result of “administrative errors” by Otis, but accepted that Tesco Maintenance “should have been aware of this”.

Duncan Lewis Accident at Work Solicitors

Duncan Lewis is a leading firm of personal injury solicitors and can advise on how to make a no win no fee claim for compensation following accidents and injury at work.

Claims for accidents at work fall under the area of law known as personal injury law – and claimants usually have three years from the date of injury or diagnosis of injury in which to make a claim for compensation.

For expert legal advice on no win no fee work injury compensation claims, contact Duncan Lewis accident at work solicitors on 020 7923 4020.