On 2nd June 2015, members of the public suffered life changing and serious injuries in an accident on the Smiler Rollercoaster at Alton Towers. The company responsible for the rollercoaster - Merlin Attractions Operations Ltd - was charged with an offence under section 33(1) of the Health and Safety at Work etc Act 1974. The company therefore accepted that it had failed to conduct its undertaking in such a way as to ensure, so far as was reasonably practicable, that the visitors to Alton Towers theme park were not exposed to material risks to their health and safety.
The company entered a guilty plea when the case first appeared in the Magistrates' Court and the case was committed for sentence to the Crown Court at Stafford where the sentencing was conducted by His Honour Judge Michael Chambers QC. The judge's sentencing remarks highlight the company's failure to assess risk and to have in place a structured system of work. Following application of sentencing guidance for Health and Safety offences, a fine of £5 million was imposed.
The Health and Safety Executive (HSE) has published Health and Safety Guidelines for Fairgrounds
See also HSE Statement 25th February 2016 and 22nd April 2016
This blog does not offer legal advice and should never be used as a substitute for professional legal advice. Posts are not usually updated.
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