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Company and care home owner admit criminal liability after lift death

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A company and care home owner have admitted criminal liability after a care home resident died in a lift accident.  

Manchester Minshull Street Crown Court heard that 85-year-old Kenneth Bardsley and his carer dropped four metres in a lift after its damaged door had become jammed during descent.

Mr Bardsley sadly died following the accident, which took place at Serendipity Care Home on 30 January 2017, while his carer suffered minor injuries to her mouth, face and left eye.

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A Health and Safety Executive (HSE) investigation found Lancs and Cumbria Lifts had failed to repair the damaged door despite it having been reported seven days prior to the accident.

The investigation also found the home’s owner Premum Care and sole director Tabinda Dahir had failed to act despite being fully aware of issues with the lift.

Whilst thorough examination reports had been carried out every six months, as required by law, these had not been provided by Premum Care to Lancs and Cumbria Lifts UK nor requested by the lift maintenance company to inform maintenance work, despite it being a contractual obligation for them to be provided with the reports.

Lancs and Cumbria Lifts UK pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974, was fined £14,400 and ordered to pay £45,000 in costs.

Premum Care went into liquidation shortly after the criminal prosecution began.

HSE inspector Jennifer French said: “This sad case involving a vulnerable resident and a care worker highlights the importance of good communication.

“If Lancs and Cumbria Lifts UK had been in receipt of the reports, which identified repeated faults, further opportunity would have been afforded to carry out the necessary repairs earlier and prevent this tragic incident occurring.

“Where several parties are responsible for the management of risk an effective system should be in place to deal with reports of defects when they are identified.”

 

 

Tags : DeathfineHSEliftMaintenance
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The author Lee Peart

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