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Legal News

Demolition firm fined over fatal incident (6 July 2015)

Date: 06/07/2015
Duncan Lewis, Legal News Solicitors, Demolition firm fined over fatal incident

A demolition firm has been successfully prosecuted by the Health and Safety Executive (HSE), after a worker died when he drove a mini digger out of a fourth floor opening.

The HSE found that 31-year-old James Stacey was using the opening as part of a “drop zone” to drop large fibreglass tanks that had been cut in half to the ground below.

The opening was not properly protected to prevent the machine falling from the building, however, and the tank got stuck on the digger and pulled the vehicle with it.

Mr Stacey died from his injuries in the incident on 9 November 2011 at the former Cadbury’s Somerdale factory, near Bristol.

On Wednesday, 1 July at Bristol Crown Court, Euro Dismantling Solutions Limited (now in liquidation) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, after they failed to ensure the safety of James Stacey whilst carrying out demolition work.

The company was fined £80,000.

Site Supervisor, Paul Ben Priestley, 54, was also charged under Section 7 of the Health and Safety at Work etc Act 1974, after failing to take reasonable care.

He denied the charges, but was sentenced at Bristol Crown Court on 21 May 2015 – and was given a 12-month custodial sentence suspended for two years, with costs of £7,500.

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Personal injury claims have to be made within three years of death –
or diagnosis of injury which caused or contributed to death (eg at post-mortem or after a Coroner’s verdict).

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For expert legal advice on no win no fee Fatal Injury Claims, call Duncan Lewis Personal Injury Solicitors on 020 7923 4020.