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Bakery fined after customer plummets 8ft through floor hatch and breaks pelvis (19 August 2014)

Date: 19/08/2014
Duncan Lewis, Legal News Solicitors, Bakery fined after customer plummets 8ft through floor hatch and breaks pelvis

A bakery has been fined £8,000 and nearly £4,000 in costs, after a customer fell through a trapdoor in the floor while buying cakes for her birthday.

Gail’s in the Fulham Road in southwest London admitted failing to protect its customers after the hatch – measuring 107cm by 67cm – was left open in the floor after a delivery on 25 April 2013.

Customer Sally Nicolet, 68, was buying cakes for her birthday when she plunged 8 feet into the basement below, fracturing her pelvis in the fall.

An investigation by Kensington and Chelsea Council found that a member of staff who had been guarding the hatch – which was next to a food display – had gone to serve a customer, leaving the opening exposed with no warning sign in place or guardrail.

The firm was found to have overlooked risk assessment procedures by leaving the hatch wide open while the shop was receiving customers.

Ms Nicolet spent five days in hospital as a result of the injury to her pelvis – and still has difficulty walking. She has been unable to return to work running her vintage clothing business.

It is thought she will now take legal action against the firm which operates the bakery.

After the hearing at Hammersmith Magistrates’ Court, the managing director of Gail’s Ltd, Tom Molnar, said

“It was an honest mistake. We took her cakes in hospital and tried to help her as much as possible.”

The bakery has installed a new safety rail, redesigned the shop floor and retrained its staff.

Gail’s Ltd has admitted liability for the injury suffered by Ms Nicolet.

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