When the potential for serious injury was surely obvious
What happened?
A 49 year-old woman was enjoying a drink outside a London pub when she was hit by a falling plant-holder and sustained serious injuries.
The 54kg plant-holder fell 2.7m on to the woman from a first-floor ledge outside the pub. She suffered a fractured spine, severe head injuries and broken ribs. She spent ten weeks in hospital following the accident and has been unable to return to work as a painter and decorator.
The accident happened when a guest staying at the pub opened an illegally installed window, knocking the planter from a first-floor ledge directly above where the woman was sitting.
It was explained to the court that the windows were changed without planning permission from sash to outward-opening, and the planter was placed on the ledge in front. Despite being ordered to change them back by the council, nothing was done. There was an awning above, so anyone sitting underneath would have been unaware of what was above them.
Legal Outcome
The London pub-owner was fined £70,000.
What can we learn from what happened?
Quite apart from the illegality of the window installation, which would not have sat well with the enforcement authority, the presence of a 54kg object which has the potential to fall 2.7m, and can probably be quite easily dislodged from its position, should ring ‘hazard identification’ alarm bells.
Surely the foreseeability of the plant holder should have been picked up in a risk assessment.
And while this should not be necessary, we can all learn that when enjoying a drink a pub, it might be a good idea to take a glance at what’s above you.
Source of Information
SHP Online