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Somerfield Stores in Filey found guilty
8 May 2012
Scarborough Borough Council
has prosecuted Somerfield Stores Limited under health and safety
legislation, after a member of the public sustained severe knee
injuries at the Filey store in April 2010.
A hearing held on Friday 4
May 2012 at Scarborough Magistrates Court saw Somerfield Stores,
now owned by The Co-operative Group Limited fined a total of
£4,165, after pleading guilty to two offences under the Health and
Safety at Work etc Act 1974 Workplace (Health, Safety &
Welfare) Regulations 1992.
In April 2010 the council’s
Environmental Health Services were notified of an incident at the
store’s premises on Station Avenue in Filey whereby a member of the
public had walked out of the shop, using the footpath, past the
shopping trolley bay and fallen over a damaged piece of metal frame
causing their kneecap to break in half.
Council’s Environmental Health officers carried out a full
investigation and found that banner frames used for advertising
purposes had been damaged, some of which had not been removed,
leaving them bent and bowed out across the pavement which the
victim tripped over.
The court was told that the
company did not complete daily checks of the external area and it
was apparent from witness testimonies that the equipment had been
damaged for sometime. The condition of the frames had not
been adequately assessed as part of any checks nor were they
suitably repaired or removed and in doing so led to this accident
Steve Pogson, Scarborough
Borough Council’s Health and Community Manager said:
“Somerfield Stores Ltd
failed to carry out their duties to ensure that the areas within
their premises were free from obstruction and they failed to
maintain equipment which led to a member of the public sustaining
serious injuries. This accident was foreseeable and
“It is essential that all
employers promote good health and safety practices in the
workplace, they have a duty to protect people who may be affected
by the activities they carry out.”