Hampshire County Council have been found guilty of breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and has been fined £1.4million with costs of £130,632.
The six-year-old was playing on a cast iron hinged street bollard when it fell to the ground taking the child with it. The injuries sustained were initially life threatening and resulted in her spending 6 months in hospital in critical conditions. The long term implications of her injuries remain unknown.
The court heard that the bollard weighing approximately 69kg had been damaged and was therefore was no longer properly secured. The issue had been reported to the Council and regular inspections had failed to identify the issue.
This tragic case brings to the fore the need to properly risk assess and maintain premises for which you are responsible, including the furnishings and fittings, and to ensure that those undertaking maintenance inspections have sufficient information, instruction and training to undertake the work assigned.
As always, if you have a legal query please get in touch with the FSB Legal Helpline on 0345 0727727 and we'll be happy to assist you.