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Soho Theatre Accident June 2012


Tom

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Now time to look carefully at venue hire contracts. I hired a venue once and in the T&Cs was that the HIRER indemnifies the hall owner for all legal charges with respect to the hire, -in that case the venue would counter sue the (insurers for) the hirer -the production company- for all the compensation, expenses and penalties.
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Now time to look carefully at venue hire contracts. I hired a venue once and in the T&Cs was that the HIRER indemnifies the hall owner for all legal charges with respect to the hire, -in that case the venue would counter sue the (insurers for) the hirer -the production company- for all the compensation, expenses and penalties.

You often see stuff like that in T&Cs but if the venue was found to be negligent then the buck stops with them.

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Interestingly there is also this:

 

http://www.dailymail.co.uk/news/article-2876517/Safety-inspector-died-walked-Oxo-factory-fell-13ft-gravy-making-machine.html

 

 

Safety inspector died when he walked through Oxo factory 'door to nowhere' and fell 13ft into gravy-making machine

  • -Nigel Chester, 46, suffered serious head injuries after falling on a machine
  • -He landed head first on the gravy-making machine which made OXO cubes
  • -Mr Chester had been checking smoke detectors at the factory before he fell
  • -He used a master key to unlock a first-floor door which had been closed
  • -But there was a 'danger' warning sign on the door warning of the drop
  • -His death was ruled an accident by a jury at Nottingham Council House

 

in this scenario the door was locked and featured warning signs about the drop, and it seems that no charges have been brought against the company. So it does not take a lot to protect yourself against this scenario. £20,000 of fine (and a life ruined) could have been circumvented with £10 worth of door lock, a piece of paper, and a lightbulb. Bit of a false economy there.

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£20,000 of fine (and a life ruined) could have been circumvented with £10 worth of door lock, a piece of paper, and a lightbulb. Bit of a false economy there.

 

You are implying that the accident was caused by someone trying to save money which is clearly not the case. It was simply a failure to recognise and manage a dangerous situation.

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Speculation on the OXO case needs to be avoided as HSE has yet to decide on further action.

 

As for information from the other case, Paul, it will be minimal. The settlement was reached "out-of-court" and is probably subject to "gagging clauses" and the court case was that of a guilty plea so little evidence would have been produced.

 

Any examination of the OXO case will boil down to the adequacy of safety measures while the other is that of adequate safety measures being removed. The common factors are RAs and strangers to the workplace, something worth us all thinking about since we actually invite strangers into our workplaces as part of daily life.

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