On the 7th June 2007, 33-year-old Paul Alker, of Brynteg, near Wrexham, died after falling some 25 feet at a Comet store in the town. Appearing in court, Comet Group plc was fined 75,000 and ordered to pay costs of 24,446 after pleading guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974.
Section 3(1) states: “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety”.
In November 2007 the director of Wrexham Roof Services where Mr Alker worked, Steven Christopher Smith, was imprisoned for more than 2 years over the incident, after pleading guilty to manslaughter.
Accident claims following falls from heights at work are relatively common in the UK and employers have been urged to improve safety procedures by the Health and Safety Executive.
This article is just one example of similar accidents that occur frequently. In cases where serious injuries occur rather than death, a no win no fee solicitor is required.
In the present case, Mr Alker’s death was considered to be entirely avoidable had basic safety procedures been implemented. On the 7th June 2007, Mr Alker was working on the roof of the Comet building when he stepped on and fell through a roof light. After falling 25 feet onto the store floor, Mr Alker sustained several fractured ribs, a broken collar bone and various soft tissue injuries.
Tragically, five days later in hospital, Mr Alker died of a pulmonary embolism that had been brought about by his injuries. A subsequent Health and Safety Executive investigation revealed that Mr Alker had not been provided with equipment to prevent his fall – a basic requirement for any person who works at height and the basis for many accident claims brought against employers.
Speaking after the case involving Comet Group plc, Debbie John, Health and Safety Executive inspector said: “Comet failed to ensure that its contractor had taken steps to prevent falls through the fragile roof lights, ultimately leading to the death of a worker. This incident could have been avoided if the roof lights at the Wrexham store had been protected and Mr Alker had been provided with appropriate safety equipment”.
“The law is clear: companies must ensure contractors are competent to do the work they are hired to do and they need to understand their responsibilities” Ms John added.
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