Legal News

The Health and Safety Executive (HSE) has prosecuted a firm of estate agents, after a member of the public being shown round a property fell 30ft down a well during an open house viewing.

During the viewing, the prospective buyer stepped onto a wooden board which was covering a well. The board gave way and she fell 30ft down the well, where she became submerged by water.

A hosepipe was thrown to the woman and she managed to secure it around her waist, but it was a further hour before she was rescued from the well. The incident left the victim with head injuries, including concussion, as well as post-traumatic stress disorder.

An investigation by the Health and Safety Executive found the estate agents had been warned about the well and that the board that was covering it did not look safe. HSE investigators found that company did not properly investigate if there was a risk of people falling down the well when they were viewing the property.

At Swindon Magistrates’ Court, Strakers (Holdings) Limited of Market Place, Devizes in Wiltshire pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974.

The company was fined £200,000 and ordered to pay costs of £2,474.

After the hearing, HSE inspector Matthew Tyler said:

“This incident could have easily become a fatal tragedy – if, when warned of the unsafe well, the company had properly checked to see if it was secure, the trauma this individual has gone through could have been prevented. Employers must check the risks associated with their work to protect their workers and members of the public they have contact with. Once they have identified any risks, they can take practical steps to control them.”

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: