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Firm in court after barrier falls on baby’s pram

A construction firm has been prosecuted after an 18-week-old baby was injured after a barrier was blown on top of a pram.

What happened?

Kier Construction Ltd had been refurbishing a supermarket in Stirling, and had assembled barriers to separate the public from the construction work they were carrying out.

The baby boy’s mother had parked the pram next to these barriers while she used the cash machine outside.

She then heard her 13-year-old daughter scream, and turned to see that one of the barriers had fallen onto the pram hood, which had collapsed on the baby.

He was rushed to hospital with bruising to his forehead, but was discharged later that day with no other injuries.

An investigation into the incident found that the barriers had not been filled with water to keep them stable, as the manufacturer had instructed. Nor had the barriers by the cash machine been locked together.

Additionally, a month before the incident high winds had caused the barriers to fall over, however adequate safety measures had not been put in place to ensure that this did not happen again.

What was the outcome?

Kier Construction Ltd pleaded guilty to breaching the Health and Safety at Work etc Act 1974, and was fined £4,000.

HSE Principal Inspector, Isabelle Martin, said:

“This incident could easily have been prevented. If assembled correctly
the barriers could withstand winds of up to 58mph. On the day
of the incident windspeed was about 30mph and
should not have been an issue.

“Instead, because Kier Construction Limited failed to properly construct
the barriers, a young baby was hurt. Luckily, his injuries were
minor but they could have been worse. This incident should
serve as a reminder to construction companies about
their duty to protect members of the public
who may be affected by their work.”

If you have been affected by an incident such as this, and you would like expert advice, contact Hampson Hughes Solicitors today on 0800 888 6888 or email

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