£6.5 Million pay out following tragic freight terminal fatality

In Court reports on the unimaginable £6.5 million pay out following a tragic freight terminal fatality. This case serves as a bleak reminder that occupiers of land must ensure that access to premises are properly controlled particularly where children are concerned.

According to the report, Harrison Ballantyne tragically died in June 2017 when he easily gained access to Daventry International Rail Freight Terminal, with his friends, to retrieve a football. He was able to climb on top of a stationary freight wagon, where he received a fatal electric shock from the overhead line.

WH Malcolm were charged with, and found guilty of, two offences under the Health and Safety at Work etc Act 1974 — failing to ensure, so far as is reasonably practicable, that persons not in their employment were not exposed to risks to their health and safety through the conduct of their undertaking — and the Management of Health and Safety at Work Regulations 1999 — failing to undertake a suitable and sufficient assessment of the risks to the health and safety of persons not in their employment.

During a trial which lasted three weeks, the court heard how ORR’s investigation found WH Malcom had not only failed to assess the risk of unauthorised access to the terminal, but also failed to implement appropriate measures to prevent unauthorised access to a part of the site where there were frequent freight movements and overhead line equipment energised at 25,000 volts.

You can read the full report here.

The team at Attwaters Accidents send their deepest and heartfelt sympathies to Harrison’s family

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