Theme park prosecuted after toddler is injured on ride

Date:

16 November 2009

Release No:

YH/410/09

The Health and Safety Executive (HSE) today (16 November) successfully prosecuted Malton-based theme park, Flamingo Land Ltd, after a toddler fell eight feet through a simulator ride last year.

The company, with its registered office in Uddingston, Glasgow, pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974, and was fined £5,000 and ordered to pay £3,277 costs at Scarborough Magistrates Court.

The toddler, aged two at the time of the incident in March 2008, fell through a two foot square hole onto a concrete floor as he boarded a newly-refurbished Motion Master simulator cinema ride with his mother. He escaped serious injury, but suffered bruising to his head.

After the hearing, HSE Inspector Julian Franklin commented: "These are very severe health and safety breaches, which could have resulted in serious injury. The Motion Master simulator cinema ride had only been operational for three weeks and had been subject to various internal safety checks, so this was a major oversight on the part of the company.

"HSE has produced a lot of guidance over many years for theme park operators, which can be found on our website."

Notes to editors

1. Section 3(1) of the Health and Safety at Work etc Act 1974 states: It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
2. The court also ordered Flamingo Land to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.
3. Guidance for theme park operators can be found at: http://books.hse.gov.uk/hse/public/saleproduct.jsf?catalogueCode=9780717662494

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