The boss of a fireworks company has been found guilty of manslaughter following the deaths of two fire-fighters due to the dangerous storage of the explosive pyrotechnics, the BBC has reported (http://news.bbc.co.uk/1/hi/england/sussex/8412747.stm).
Company owner Martin Winter, 52, was found to be grossly negligent in using the container which was prone to exploding should a fire break out. Martin has been convicted of manslaughter, and the jury are currently debating over his son Nathan Winter, 25, who could face the same conviction. Both have denied the charges brought against them.
The company itself, now named Alpha Fireworks Limited, has been found guilty of two counts of health and safety breaches with the prosecution team against Winter’s alleging he was well aware of the hazards in using the metal container for storage, and knew full well the company’s license did not authorise use of the container in question.
Despite this obvious element of forseeability, nothing was done to prevent the incident.
The tragedy is that two heroes lost their lives due to the negligence of the company owners. The defence claimed they cannot be held responsible for the deaths as it was the fire-fighters duty to be aware of the dangers. But when you consider that this incident was caused by an explicitly foreseeable breach of important health and safety legislation, it’s not difficult to accept the prosecution case.
The two fire-fighters, Brian Wembridge (63) and Geoff Wicker (49) tragically lost their lives, leaving behind two wives with four children between them, and decades between them serving in the fire service.
Health and safety legislation and guidelines are in place for a very specific and good reason – to prevent foreseeable accidents! With a case involving explosive pyrotechnics then importance of following health and safety guidelines is even more important, as the risk of injury is significantly increased. The fact that the company owner knowingly stored the fireworks in a container deemed not safe for such storage demonstrates a clear lack of adherence to important legislation in place to prevent such accidents.
Sadly, this seemingly small breach of important health and safety regulations has resulted in the tragic deaths of two fire-fighters. Let’s hope this is a stark wake up call for any other company or person considering they can get away with such breaches.
Companies and people who breach health and safety guidelines are negligent and therefore liable for any suffering their negligence causes. If you have been injured due to the mismanagement of health and safety in your workplace, or a company / persons negligence, you may be entitled to claim for compensation. Speak to an expert independent personal injury solicitor today and get the right and honest legal advice.
For further information regarding health and safety legislation, please se the following: www.hse.gov.uk/legislation
