Prosecutions

An elderly woman died of her injuries after being thrown from a wheelchair while in a senior citizens minibus, a court heard recently.

The lady was taken to hospital with a head injury and a broken neck after the incident in London on 20 September 2006.

The Health and Safety Executive (HSE) prosecuted the operator of the minibus, an elderly persons charity, after an investigation that found the minibus driver had performed and emergency stop which resulted in the lady being hurled from her wheelchair.

The elderly lady was taken to hospital with a broken neck and head injuries. She died two months later on 11 November 2006. The post mortem examination confirmed the injuries sustained on September 20 were a contributing factor to the lady’s death.

City of London Magistrates' Court heard that the charity’s employees had not secured the lady in her wheelchair, and workers had not been given adequate training by to the charity to ensure wheelchair users were safe while travelling.

The charity (pleaded guilty to/ were found guilty of) breaching Section 3(1) of the Health and Safety at Work etc Act 1974. It was fined £10,000 and ordered to pay costs of £5,000.

A HSE Inspector commented on the case:

"This fatal incident was foreseeable. There was MHRA guidance easily available to the charity on how to transport wheelchair users safely.

"This organisation fell well below expected standards and the lady’s death could have been avoided if the charity’s workers had received adequate training."

"The seatbelt laws have long been established in British law. The charity was aware that people transported in wheelchairs should have these effectively secured and the wheel chair user should have an adequate seatbelt."