Compensation news
22/02/2011

Personal injury from wall collapse leads to toddler's death

Parents, whose toddler was crushed to death when a brick wall collapsed in high winds, may now claim compensation from Camden Council in London since its negligence has been found responsible for the fatal personal injury.

Southwark Crown Court was told the two-year-old boy was fatally injured when he was walking home along Southampton Road, Gospel Oak, in January 2007, with his nanny and the wall was blown down by winds which had gusted to 75mph.

The council-owned boundary wall around a housing estate was only half a brick wide and it had been built in the 1970s. Cracks were found in the structure in 1997 and repairs had been made, but these were not carried out correctly.

The London Borough of Camden, last year, initially denied it had failed in its health and safety duties but changed its plea in October 2010 to guilty, although saying it had done all that was reasonably practical to ensure the safety of the wall.

However, Judge Deborah Taylor found the council's inspection systems were "wholly inadequate" and that it had been responsible for suitable repairs being completed.

The council was fined a total of £72,000 and ordered to pay £65,000 prosecution costs for the offences.

The victim's parents, who may consult a no win no fee solicitor regarding a damages payment, praised the persistent work of Health and Safety Executive inspectors in establishing liability for the personal injury accident.