Health and Safety Failings – Fair Ride Incident Leads To Prosecution

Fair Ride Incident Leads To Prosecution 

Key Facts:

• And HSE investigation was launched after a child was injured in a fair ride accident.
• A number of failings were identified, and a Prohibition Notice and Improvement Notice were served.
• The fair ride owner was fined £1500 plus costs.

The Case: 

An HSE investigation was launched after a 9-year-old girl was injured in a fair ride accident. The girl was flung from the fair ride’s carriage as it span at excessive speeds. She was thrown into a metal safety barrier and suffered severe internal bruising. She was unable to return to school for a fortnight and unable to return to PE lessons until the following term.

The subsequent HSE investigation found several safety failings. The fair ride was operating 50% faster than its maximum design speed, increasing the ejection force on its riders. It was also found that the secondary locks for safety bars were not in use. A Prohibition Notice was served, preventing the ride’s use until it had been re-inspected. An improvement Notice was also served, ordering the owner to fit the fair ride with a means to ensure the ride could not be operated over its maximum speed. Both were complied with.

The case was heard at Northampton Crown Court where the fair ride owner pleaded guilty to breaching Section 3 (2) of the Health and Safety at Work etc Act 1974. He was fined £1500 plus costs of £1500.

What the HSE inspector had to say:

After the hearing HSE inspector Neil Ward commented:

‘Members of the public quite rightly expect fair rides to be safe. This one was not and it led to a traumatic incident for a young girl and her family. 

The incident could however easily have been prevented. Operating the ride beyond the speed it was designed to be run at, and without the secondary locks in place was a recipe for disaster. 

Patrick McGeough had a duty to ensure his customers were kept safe on the ride but he failed in that duty.’

What the law states:

Section 3(2) of the Health and Safety at Work etc Act 1972 states:

‘It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.’

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