Magistrates Fine Tesco in Supermarket Foot Crush Injury Case

January 2nd, 2014 | By injuryclaims

Supermarket chain Tesco and lift maintenance company Otis have been fined by Southwark Crown Court for their parts in a supermarket foot crush injury case.

Mohammed Ferdous (31) worked at the Victoria Tesco Metro store in London when, on 7th August 2009, he was asked to assist with a fresh food delivery. Mohammed´s role was to wait at the lift entrance in the basement, remove cages of food sent down from the upper level of the store and replace the empty cages back into the lift.

As the second load descended, Mohammed opened the gates of the lift stepped forward to take the cages out of the lift car. Mohammed moved his right foot forward as leverage to remove the cages but inadvertently placed his foot into the gap between the base of the lift car and the lift shaft. Unfortunately the lift car suddenly moved downwards as he was taking the cages out of the lift and his foot was crushed.

Colleagues rushed to Mohammed´s aid and freed his foot after ten minutes; however but his toes had suffered terrible injuries and had to be amputated. Mohammed was unable to return to his job for more than a year after the accident and despite having a prosthesis fitted will never be able to walk normally again.

Mohammed made a compensation claim for a supermarket foot crush injury which was settled out-of-court in 2013 for an undisclosed six-figure amount. However Tesco and lift maintenance company Otis was prosecuted after it was revealed that no maintenance had been conducted on the lift in the nine months preceding the accident.

Both Tesco and Otis were charged with failing to ensure that the lift was properly maintained in breach of the Health and Safety at Work Act 1974, Section 33 (1) (c) and, at Southwark Crown Court, both companies acknowledged their negligence and pleaded guilty. Magistrates fined the two companies £115,000 and £110,000 respectively for their parts in a supermarket foot crush injury case

Westminster City Council’s food, health and safety manager – James Armitage – speaking after the fines had been announced, said that the supermarket foot crush injury suffered by Mohammed would have been avoided if the Tesco and Otis had “collectively ensured that the lift was properly maintained”.

Categories: Supermarket Injury Claims, Work Injury Claims


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