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Bournemouth building supplies company prosecuted after customer suffers fork-lift accident (26 October 2015)

Date: 26/10/2015
Duncan Lewis, Personal Injury Solicitors, Bournemouth building supplies company prosecuted after customer suffers fork-lift accident

A building supplies company in Bournemouth has been prosecuted by Bournemouth Borough Council’s Regulatory Services, after a an incident involving a fork-lift truck left a customer requiring three surgical procedures on his leg.

Paul Hollaway, 46 – a self-employed driveway and patio landscaper from Poole in Dorset – was injured in the yard of South Coast Building Supplies Limited, after a 2.5 tonne fork-lift made contact with him on the morning of 27 October 2014.

Mr Hollaway had to undergo three surgical procedures to his leg – including a nine-hour operation, where a large patch of vascular, muscular and skin tissue from his left leg was used to reconstruct his injured right leg.

Mr Hollaway has spent the last year recovering and has only just returned to work on light duties. The scars and the numbness in his leg will be permanent, however.

South Coast Building Supplies Limited had opened their Bournemouth branch in Poole Lane in 2009.

At Bournemouth Magistrates’ Court, the company pleaded guilty to an offence under the Health and Safety at Work etc Act 1974, for failing in their duty of care towards their customers.

South Coast Building Supplies Limited was fined £15,000, with costs of £8,631.85 – and a victim surcharge of £120.

The company has offered a public apology and pleaded guilty at the earliest opportunity in the proceedings.

The court was told that, following the incident, steps were immediately taken to make the yard safer for both staff and customers – including refresher training, a new customer entrance gate, customer service point, and white lines to separate vehicle movements from pedestrians.

After the hearing, Bournemouth Council’s Senior Environmental Health Officer, Ben Sims, said:

“This was a particularly nasty incident that resulted in life-changing injuries for Mr Hollaway.

“I would urge those businesses operating fork-lift trucks to look again at how they manage pedestrian safety – especially to customers who may not be familiar with the dangers posed by their workplace.

“The guidance is clear – the public should not be allowed in fork lift truck operating areas”.

Bournemouth Council’s Cabinet Member for Regulatory Services, Councillor David Smith, said:

“I am troubled to hear of the circumstances which led to this incident – and I extend my sympathy to Mr Hollaway and wish him the best recovery possible.

“People often criticise ‘elf and safety’ for being a burden on business – but the reality is that many serious accidents in the workplace are preventable.

“I trust that the level of fine imposed in this instance will serve as a reminder to take matters of safety seriously”.

Duncan Lewis Personal Injury Solicitors – No win no fee Fork-lift Injury Claims

Duncan Lewis personal injury solicitors can advise workers and members of the public injured in fork-lift accidents caused by negligence on how to make a no win no fee claim for compensation – including claims relating to inadequate training on a fork-lift, poor supervision leading to injury, poorly maintained fork-lift vehicles, overloading or unbalanced loads caused by negligence and having to operate a fork-lift on an uneven, slippery or poorly maintained surface, or injury by a fork-lift being operated in a public place or where members of the public are present.

Personal injury claims have to be made within three years of injury or diagnosis of injury.

For expert legal advice on no win no fee Fork-lift Injury Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.


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