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Court Summary - at a glance
- Ensure ongoing hazard identification is carried out;
- Ensure that defects and faults are repaired by persons suitably qualified to do so;
- Ensure that in house health and safety systems are understood and applied by all employees.
The victim, an employee of the defendant, closed a security gate at the rear of the Countdown supermarket complex. The gate was in two parts, the longer portion measuring 11 metres long by 2.2 metres high and weighing approximately 300 kilograms. A nut and bolt stopper system prevented the gate from sliding too far.
The victim went to close the larger gate, it went beyond the stop and came off the runner and pinned him to the ground. The victim suffered compression fractures to several vertebrae, T12 and lumbar 1 and 2, fractures to his left thumb, and was believed to have suffered fractures to his lower ribs. He was hospitalised for five days, in a body cast for three months and in a neck brace.