| 02 February 2007
An elderly woman almost killed when a swinging barrier smashed through her car windscreen has branded a compensation offer from retailer Matalan as derisory.
The company was fined £34,000 and ordered to pay £12,000 costs at Isle of Wight crown court after pleading guilty to exposing the public to a health and safety risk and failing to perform a risk assessment at its Newport, Isle of Wight store.
However Mary Gilbert, 69, who needed 12 stitches to her head, said she and her husband John, who was also in the car, had been offered just £3,500 compensation. 'That was derisory, it wasn't even enough to pay for the new car we had to get a loan for. I could have been killed,' she said. 'I still get quite tearful and I don't feel I have the confidence I had before.
'My husband has now been diagnosed with Alzheimer's and I feel it could have been triggered by the incident,' said Mrs Gilbert, of Mill Hill Road, Cowes.
A spokesperson for Matalan said the company was waiting for a claim to be made by Mr and Mrs Gilbert's solicitor so a final settlement could be reached. The barrier smashed into the car on 6 June 2005, just 17 days after it had been fitted, Recorder Henry Martineau heard.
Gary Lucie, prosecuting for the Isle of Wight Council, said two managers who did a risk assessment used a generic risk assessment form. 'Frankly they did not know what they were doing and the assessment they came out with was of little value,' he said.
The company had apologised to Mrs Gilbert, according to Dominic Kay, for Matalan. He said although a risk assessment was carried out, it was inadequate or insufficient, but those short comings had been addressed.
Imposing what he described as a fine large enough to hurt the company – which last year had profits of almost £50m – Recorder Henry Martineau said he had to take into account the inadequate risk assessment and the gravity of the injuries to Mrs Gilbert.
© 2007 Chartered Institute of Environmental Health
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