• Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    CORPORATE MANSLAUGHTER CASE SENTENCED

    Fine in banana boat ride death case has few lessons for construction

    Princes Sporting Club Limited has pleaded guilty (22 Nov) to Section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007 following the death of an 11-year-old girl resulting from a water sports activity organised on 11 September 2010 in Bedfont, Middlesex.

    Company director Frederick Glen Walker was cleared of any offences after the Crown Prosecution Service dropped charges against him.

    Mari-Simon Cronje died during a birthday celebration when she fell from the banana boat into a lake. The boat driver had no UK-recognised qualification despite having five years’ experience as a ski-boat driver.

    The court heard factors which contributed to the  death included: lack of an observer on the boat at the time of the incident; speed of the boat;  s ”unnecessary” turning at tight angles; and the colour of the equipment the children were wearing – making it difficult to spot them if they fell in the water.

    Significant failings in the way water sports were organised

    The company was ordered to pay a fine of £134,579.69.

    Elizabeth Joslin of the Crown Prosecution Service Special Crime Division said:

    “This is a tragic case in which 11-year-old Mari-Simon Cronje died during a birthday party at Princes Sporting Club Ltd. Today’s guilty plea to corporate manslaughter is an acknowledgement that there were significant failings in the way water sports were organised at this club.

    This was a gross breach of the duty of care owed to Mari-Simon which could have been avoided by having a competent adult in the towing boat acting as an observer and we are pleased this company has been held criminally accountable for this significant failing.

    We sincerely hope that the message of this case is clearly understood by all parts of the leisure industry offering similar rides. Our thoughts are with Mari-Simon’s parents and brother at this time.”

    Comment

    The fine is such cases is determined in accordance with The Sentencing Guidelines Council which anticipate a broad range of fines reflecting the range of seriousness involved and circumstances of the defendants.

    Fines do not attempt to value a human life in money but are designed to punish the defendant and are therefore tailored not only to what it has done but also to its individual circumstances.

    However, the Guidelines go on to say: Corporate Manslaughter  – an “appropriate fine will seldom be less than £500,000 and may be measured in millions of pounds.” Health and Safety – “the appropriate fine will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more.

    Latest Construction Health and Safety News

    CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT

    The addition of content on this website ceased on 17th April 2020.

    Material posted before this date can be found by clicking on our SEARCH NEWS DATABASE function.

    Posted on 3rd May 2020

    HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK

    Incorrectly fitted RPE will not protect the wearer from dangers to health

    Read the rest of this article »

    Posted on 16th April 2020

    CORONA VIRUS: LATEST SITE OPERATING PROCEDURES

    Industry Bodies publish risk management guidance Version 3

    Read the rest of this article »

    Posted on 15th April 2020

    TOWER CRANE OUT OF SERVICE SAFETY ALERT

    Important advice from Construction Plant-hire Association and HSE

    Read the rest of this article »

    Posted on 30th March 2020

    FRAGILE ROOF REPLACEMENT PUT WORKERS IN DANGER

    Measures to prevent falling from or through the roof were missing

    Read the rest of this article »

    Posted on 30th March 2020

    WORKMAN FELL FROM EDGE OF MEZZANINE FLOOR

    Edge protection was absent and workman untrained for the task

    Read the rest of this article »

    Posted on 30th March 2020

    HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21

    Appointed CDM 2015 Principal Designers remain focus of HSE inspections

    Read the rest of this article »

    Posted on 30th March 2020

    COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION

    BuildUK support industry with advice, guidance and information

    Read the rest of this article »

    Posted on 30th March 2020

    LATEST HSE CONVICTIONS AND NOTICES REGISTERS

    hselogo1View current online HSE registers of prosecution convictions and notices

    Read the rest of this article »

    Posted on 30th March 2020

    POORLY DESIGNED SCHOOL GATE CRUSHED CHILD

    Sliding gate over-run mechanism proved insufficiently robust

    Read the rest of this article »

    Posted on 9th March 2020

    POWER GENERATOR PROSECUTED OVER UNSAFE SYSTEM

    Maintenance workers seriously injured when energy suddenly released

    Read the rest of this article »

    Posted on 2nd March 2020

    CEILING BELOW SAVES WORKMAN IN ROOFLIGHT FALL

    Roofworker fell through roof after stepping on fragile rooflight

    Read the rest of this article »

    Posted on 2nd March 2020

    INEXPERIENCED WORKER FELL THROUGH OPENING

    No physical protection or warning of opening and fragile covering

    Read the rest of this article »

    Posted on 29th February 2020

    CDM PRINCIPAL DESIGNER IN COURT OVER FIRE RISK

    Designers and contractor prosecuted for risk management failings

    Read the rest of this article »

    Posted on 29th February 2020

    PRISON SENTENCE FOR RECALCITRANT DIRECTOR

    Prohibition and improvement notices ignored and danger persisted

    Read the rest of this article »

    Posted on 26th February 2020

    TEMPORARY WORKS HOARDING FELL ON PEDESTRIAN

    Member of the public struck when site fence collapsed suddenly

    Read the rest of this article »

    Posted on 26th February 2020

    CHILD FATALLY INJURED BY UNSECURED POLE

    Pole stored on embankment moved and trapped boy against fencing

    Read the rest of this article »

    Posted on 26th February 2020

    OWNER RESPONSE TO HSE INSPECTION ENDED IN COURT

    Police uphold HSE right to inspect without threats, aggression or abuse

    Read the rest of this article »

    Posted on 24th February 2020

    HSE TARGETING WELDING FUME CANCER RISK

    Inspections to enforce improved controls required by new risk evidence

    Read the rest of this article »

    Posted on 24th February 2020

    CONTRACTOR FAILED TO REPLACE MISSING PROTECTION

    Painter and decorator fractured hip in fall from landing

    Read the rest of this article »

    Posted on 18th February 2020

    RISK OF DERMATITIS SUFFICIENT FOR PROSECUTION

    Company failed to implement controls and surveillance required by COSHH

    Read the rest of this article »

    Posted on 18th February 2020

    COSHH FAILINGS CAUSE ASTHMA AND PROVE COSTLY

    Uncontrolled exposure to isocyanates during paint spraying operations

    Read the rest of this article »

    Posted on 18th February 2020

    POLICE EMPLOYEE SHOCKED BY DATA CABLE WORK

    South Wales Force fined over electric shock from ceiling void cable

    Read the rest of this article »

    Posted on 18th February 2020

    COLLAPSE OF PUMP SET TRAPPED WORKMAN

    Unsafe system of work transferring from pallet to a raised platform

    Read the rest of this article »

    Posted on 18th February 2020

    MODIFIED PODIUM STEPS CAUSE FALL FROM HEIGHT

    Firm failed to select and correctly assemble with necessary training

    Read the rest of this article »

    Posted on 14th February 2020
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data