Hearing into theme park death finds owners not at fault
An investigation into a work accident claim at a theme park, has ruled that that the owners of the park had done "all that was reasonably practicable" to keep workers safe.
The case occurred after a fairground ride operator died from severe head personal injury.
The incident toook place in July 2007, when the fairground operator fell 80 feet to the floor from a ride he was supervising.
The court heard that despite company rules which forbade operatives from entering the ride area to attend to vehicles, the man had gone to a stalled car to push it onwards.
He tripped and fell, taking hold of a metal rail at the back of the car as it began to travel along the ride. This was despite training given to operatives, who were told to let go in such an event.
As the ride went on he was thrown off at a bend. He suffered severe head injuries which contributed to his death.
The Health and Safety Executive carried out a full investigation and prosecution was instructed for a breach of Section 2 of the Health and Safety at Work Act 1974.
However at the court hearing, the park owners were found to have an excellent recruitment, training and disciplinary record, and expert evidence showed the park had supervision and training guidelines consistent with other leaders in the industry.
As a result, the park was acquitted of the charges regarding breaches of the HSWA which led to the fatal accident.
This may now mean that the family of the deceased man may be unable to pursue a claim for no win no fee compensation.
Updated on 3/31/2010