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An investigation by the Health and Safety Executive has found a fairground ride operator guilty of breaching section 3 of the Health and Safety at Work act after two passengers fell from a fairground ride and sustained injuries.

The investigation found that the passenger restraint mechanism – in this case a bar that goes across the lap – was not fully effective. The bar had not been properly adjusted which meant that it was possible to operate the ride with the bar partially open. In addition to this, it was found that the ride was not properly maintained with evidence that the padding was loose and part of the seat was missing.

The HSE inspector said after the hearing: “This should be a warning to other ride operators that it is simply not acceptable for people to be ejected from rides. Rides must be adequately maintained and properly adjusted to ensure that riders are not put at risk. Fairgrounds should have an illusion of danger but an underlying assurance of safety.”

The ride operator was fined £865 and ordered to pay costs of nearly £2000. This case highlights the need for ongoing risk assessment and management; it is clear that risk had been thought through initially leading to the implementation of safety features such as the lap bar, but the issue arose when this feature was not properly maintained.

Whenever someone is injured on private or public land, the reason for the injury must be looked into. The health and safety of the general public is just as important and that of employees, and businesses must be sure to protect anyone exposed to danger as a result of their practices.

If you have been injured as a result of someone else’s negligence you might be entitled to claim for compensation. It would need to be proved that the person or business responsible failed to take appropriate measures to ensure safety; if you’re not sure, contact one of our solicitors today who will swiftly be able to talk you through the claims process and see if you are eligible. We have years of experience in dealing with these kinds of cases and because of that we’re the best people to contact if you find yourself in this position.