Prosecution Details

Being an employer, failed so far as was practicable to ensure that the safety of a person not being his employee, was not adversely affected as a result of the work in which the employer was engaged.

On 7 March 1997 a seven year old schoolgirl received serious head injuries and was admitted to the Intensive Care Unit at Princess Margaret Hospital for Children when a security/entrance gate fell on her.

The centre closing twin security gates were installed by the fabricator to the entrance portico of a townhouse development in preparation for connection of the automatic control operating system (electric motors, gear racks). The steel gates, weighing in excess of 80kg each, were mounted on rollers that fit onto a ground track. Top restraining or guide rollers hold the gate vertical and allow the gates to glide with ease.

The incident occurred when the right side gate was pushed to the closed position by the young girl. The gate roller along the ground track and came free of the top restraining rollers.

Significant Incident Summary 10/1997 also details this incident.

The defendant pleaded not guilty. The penalty was imposed under section 21(2).

convicted