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Contractor in court over injured pedestrian

Posted in: Public Liability 

A contractor has been fined after a metal construction fence collapsed, knocking over and severely injuring a 91-year-old pedestrian.  The accident happened at Bromley High Street on the 1 August 2012, after which the pensioner required a long stay in hospital.  She still struggles with her mobility and has lost a great degree of independence as a result.

It was heard at Westminster Magistrates Court earlier this month (19 November) that 54-year-old Fadil Adil was responsible for the unstable fence as it surrounded a development site he was working on to build new flats and a commercial unit.

“Fadil Adil could have done more to prevent that risk”

A Health and Safety Executive (HSE) investigation found that the section of fence which had fallen on the pensioner was two meters high and a similar mesh material to that used across the construction industry.  The investigation found that the fence had been poorly installed and was not built to an approved standard.

Mr Adil was fined £15,000 following the accident, and was also ordered to pay £3,000 in costs, plus a further £5,000 in compensation after pleading guilty to breaching the Construction (Design and Management) Regulations 2007.

Following the hearing, HSE Inspector Bernardine Cooney, said: “Fadil Adil could and should have done more to prevent that risk as the principal contractor responsible for the site.

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