Devon business and director sentenced over car park incident that left employee with brain injury
A Devon business and its director have been sentenced over an incident in a Paignton car park which resulted in an employee suffering serious head injuries.
Motorsport marketing agency Superhub Ltd. and its director James Foster, 55, from Paignton, appeared at Exeter Crown Court for sentence on Wednesday 14 October having earlier pleaded guilty to causing serious injury by dangerous driving and two Health and Safety Act offences.
During the sentence hearing, the court heard that on the 14 May 2021 a review was being carried out on an electric motorcycle which was not registered for use on the road.
The decision was made to use Broadsands carpark in Paignton, and filming was carried out by an employee of Superhub Ltd.
During part of the filming, the employee was sitting in the rear of an open Range Rover driven by Foster.
As the vehicle accelerated away from the motorcycle, the employee was ejected from the vehicle landing on the ground. The employee received significant injuries including a brain injury which has resulted in lifetime care needs.
Judge David Evans during his sentencing remarks stated that the risks should have been obvious, and that Foster had neglected to ensure his passengers’ safety.
Superhub LTD was fined £45,000.
Foster received a 16-month custodial sentence suspended for two years along with an 18-month supervision order with 180 hours of unpaid community service.
His licence was endorsed with six penalty points.
The company was ordered to pay costs of £3,000, and Foster was ordered to pay costs of £2,500.
The investigation officer, DC John Greathead from the Serious Collisions Investigation Team working alongside the Health and Safety Executive, found that the incident was entirely avoidable.
He said: “Car parks are intended for the movement and parking of vehicles and are not suitable locations for undertaking filming activities involving persons travelling in unsecured positions on vehicles.
“Although the incident did not occur on a public highway, the fundamental principles of road safety remained applicable.
“Drivers have a responsibility to ensure the safety of passengers and any other persons who may be affected by the use of their vehicle.
“Allowing an individual to travel in the open rear boot area of a moving vehicle exposed them to a foreseeable risk of serious injury.
“There were no adequate control measures in place to mitigate that risk, and safer alternatives for obtaining the required footage were available.
“The circumstances indicate a failure to appropriately assess and manage the risks associated with the filming activity. Had basic safety considerations been applied, the incident would not have occurred.”