Merlin Attractions Operations Ltd, the company that operates Warwick Castle, has been convicted of failing to protect the health and safety of visitors, following a 7 day trial. The Company was fined £350,000 and prosecuting, Warwick District Council was awarded costs of £145,000 at a Crown Court hearing at Warwickshire Justice Centre, Leamington Spa on 24 April 2012. (Photos on Flickr)
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The Court heard that on 9 December 2007 George Townley, a visitor to Warwick Castle, suffered fatal head injuries when he fell from the Bear & Clarence Bridge into the dry moat, 13-14 ft below. Mr Townley was leaving the Castle Courtyard at about 4.30pm, and was walking across the bridge. Witnesses saw him stumble and fall from the bridge.
The Bear and Clarence Bridge is one of only two routes which cross the dry moat into and out of the Castle, and it has parapet walls only 15 inches high.
The Court heard that despite the fall from the bridge being identified as a hazard in a Public Entertainment Licence condition in 1995 and a `Fabric Survey Risk Assessment` in 2003, Merlin failed to pass this information to relevant managers at Warwick Castle, including the health and safety officer. The jury heard that Merlin failed to act on these warnings and they did not undertake a site specific risk assessment of the Bear and Clarence Bridge until the 10 December 2007, the day after the fatal accident.
Rob Chapleo, Divisional Environmental Health Officer said:
“Merlin Attractions Operations Limited were made aware that there was a risk of falling from the bridge on two separate occasions before the fatal accident. Mr Townley’s fatal accident was foreseeable and would not have occurred if Merlin had undertaken a “suitable and sufficient” risk assessment which, in the Council`s view, would have identified the need to provide barriers to the sides of the bridge.
These would have prevented people falling into the moat. I hope that this successful prosecution will draw the attention of the operators of sites open to the public to the need to undertake proper risk assessments and implement the measures necessary to protect visitor safety”.
Further Information
- Read Case Summary here
- OFFENCE: BREACH OF SECTION 3(1) HEALTH AND SAFETY AT WORK ETC. ACT 1974
- OFFENCE: BREACH OF REGULATION 5 MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS,1999
- MERLIN ATTRACTIONS OPERATIONS LTD. IS PART OF MERLIN ENTERTAINMENTS GROUP (MEG) WHICH OPERATES 90 VISITOR ATTRACTIONS THROUGHOUT THE WORLD, INCLUDING 12 IN THE UK. MEG IS RANKED NUMBER 2 VISITOR ATTRACTION BUSINESS IN THE WORLD, BEHIND THE DISNEY CORPORATION.
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