Skip to Content, Skip to Navigation
Advertisement

Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



OSH Tracker

Department of Labour v Danny Doolans Ltd (DC, 29/01/09)

OSH Tracker

Defendant:
Danny Doolans Ltd
Irish bar fined 
A popular bar at Auckland’s Viaduct Basin has had to pay up close to $100,000 after a patron was left with brain injuries from a fall. 
Danny Doolans Ltd was fined $40,000 and ordered to pay reparations of $47,500 after pleading guilty to s16 of the HSE Act (Auckland DC, January 29). 
A female customer had sat with friends at a booth, a table surrounded on three sides by a wooden bench seat, which backed on to a large sliding window. Patrons were able to open the window for fresh air. The woman stood on the bench seat to get a better view of the band that was playing when she fell backwards through the open window on to concrete stairs four metres below. 
Her injuries included a fractured lumbar spine and skull, with internal bleeding causing a brain injury. There was also facial nerve damage causing muscle paralysis to the right of her face, leaving her unable to shut her right eye. 
The Department of Labour said the window was at a height of 53cm if a person was standing on the bench seat – the window ledge was in effect a fulcrum over which people could trip and fall outside. 
Danny Doolans was aware that patrons were standing on the bench seat because security staff were instructed to monitor them and tell them to get down. The DoL said the bar should have installed a barrier across the window or raised it to a greater height above the bench seat. Alternatively it could have locked the sliding window panes during business hours or modified the design of the windows to provide a smaller cavity when opened. 
Industry:
Accommodation, Cafes and Restaurants
Sub-Industry:
Accommodation, Cafes and Restaurants
Risk:
Fall from height
Harm:
Injury
Penalty Amount:
$87500.00
Reparation Amount:
$47500.00
Appeared in Safeguard issue 118

From OSH Tracker

Table of Contents