A UK supermarket has been fined £1 million after a customer sustained serious injuries at one of its stores.
Sainsbury's Supermarkets Limited, trading as Sainsbury's, admitted exposing customers to danger and failing to make a suitable risk assessment as required by the Health and Safety at Work Act 1974.
The company was sentenced at Reading Magistrates' Court on Thursday, 3rd March 2022.
The conviction arose from an incident on Sunday, 21st June 2020 at the supermarket's Newbury store.
Elizabeth Varcoe, prosecuting on behalf of West Berkshire Council, described the events of that day.
Owing to coronavirus restrictions, the store had implemented a queuing system in the car park. The lanes were originally marked with highly-visible red and white hazard tape, but when the tape was vandalised the store manager took the decision to replace it with barely-visible baler twine instead.
Customer Patricia Crampton was travelling on her mobility scooter when she rode face first into a section of baler twine, which was stretched tightly between two pillars. The twine, which was at Mrs Crampton's head height, caused her serious facial injuries including fractured teeth, jaw and palette.
Mrs Crampton was taken to Oxford's John Radcliffe Hospital for emergency surgery. She has since undergone significant reconstructive surgery.
Mrs Varcoe suggested that use of the twine amounted to an inadvertant "booby trap", which had not been risk assessed and could have caused death or serious injury over the 7 week period it was in use.
Kate Blackwell QC, mitigating, told the court that Sainsbury's had a previously spotless health and safety record.
She said: "I begin by saying how sorry Sainsbury's is for Mrs Crampton having had to suffer in the way she has.
"Thankfully this is a very unusual situation."
Ms Blackwell added that the store manager had acted "for the best of reasons" and the twine was removed immediately after Mrs Crampton was injured.
Sainsbury's had paid more than £31,000 towards her medical and care costs.
District Judge Sam Goozee, sentencing, noted that Sainsbury's "had to rapidly respond to Government guidance to protect the public during a pandemic while continuing to provide an essential service to the public".
He added: "A sufficient risk assessment would have identified the risks from the baler twine extended between metal posts.
"Ironically the manager's decision to use the twine was a response to other health and safety issues that would have arisen from vandalism and weather damage.
"Nevertheless it was a decision that was inadequate. It would be a step too far to say there was a real and significant risk of death - that's conjecture.
"But it did expose a great number of members of the public to risk."
Sainbury's was fined £1 million and ordered to pay £18,263.62 costs and £190 surcharge.
Speaking after the sentencing hearing, a Sainsbury's spokesperson said: "Safety is our highest priority and we were deeply concerned by this incident. We launched an immediate investigation and urgent steps were taken to prevent this from ever happening again.
"We are also in close contact with Mrs Crampton and continue to support her recovery in any way we can."
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