A recent Health and Safety Executive investigation saw two companies sentenced over the death of a man who was tragically killed by a fallen window.
On 2nd October 2018, Mick Ferris, a coach driver, was returning to his coach after a break when he was killed by a 130kg window falling 300ft from the 26th floor of the Corniche development, which were luxury penthouses being developed in London.
The penthouses were being developed by St James Group Limited, part of the Beekley Group. Lindner Prater Limited had been contracted to design the penthouse windows by St James Group.
In August 2017, a window had fallen from the same development which almost hit two workers. The bespoke windows had been changed during the design process to open outwards, which posed a risk if they were to detach whilst open, particularly in windy conditions. Additionally, the fittings for the windows had not been confirmed as suitable for their curved design.
Despite internal review by St James Group following the 2017 incident, concerns highlighted were not properly addressed.
Following the death of Mick Ferris, the windows were changed back to opening inwards.
Both companies were found guilty, then were subsequently fined a combined total of £1.3 million.
Employers not only have a duty of care to their employees, but also non-employees under the Health and Safety at Work etc. Act 1974 Section 3. This requires employers to carry out their business in a way that others are not exposed to risks to their health or safety. In this case, the two companies involved exposed members of the public to the risk of the windows falling by altering the design of the windows and failing to assess this risk, then further failing to rectify the issue after the August 2017 incident.
If you’ve been injured as a result of a company or business who has failed in this duty to not expose you to risks to your health and safety, we can assist you with making a personal injury claim against them. If you’re interested in making a claim you can make an enquiry by calling 0161 696 6235.
Blog author: Lilia Williams
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