Bosses at Laleham care home in Herne Bay admit health and safety failings over Joan Daws' lift death
12:00, 09 February 2017
The son of a carer killed when she was crushed in a lift has told of his relief after her bosses finally admitted health and safety failings.
Grandmother Joan Daws died when she became trapped while transporting a weighing chair at the Laleham care home in Central Parade, Herne Bay.
Colleagues told how she screamed “help, I can’t breathe” before losing consciousness during the tragedy on October 16, 2013.
KCRH Limited, which ran the home at the time, has now pleaded guilty to health and safety breaches at Canterbury Magistrates’ Court.
Speaking ahead of sentencing, Mrs Daws’ son, Simon, says he is pleased the owners have now admitted their guilt.
“We are happy, but it is a shame that when the accident happened they tried to blame my mum and said she should not have been taking the chair in that lift,” he said.
“It is a relief that they have finally admitted it was their fault and they were wrong.
“I am looking forward to when the case finally finishes and I want them to be punished.”
Mrs Daws, 64, suffered traumatic asphyxia, brain damage and broken ribs during the incident. She died five days later in hospital.
Canterbury City Council bosses led the legal action against KCRH, working with police and the Health and Safety Executive.
The criminal prosecution follows an inquest held in 2015, which ruled a £1,100 sensor could have prevented the tragedy in the lift.
It heard how Mrs Daws, who lived in Eddington Lane, became trapped in the lift while pushing a weighing chair.
It snagged as the tiny elevator – which measured less than a metre square – went down, pinning her to the back wall.
By the time firefighters reached and freed her, she had suffered traumatic asphyxia.
A jury at the hearing gave a narrative conclusion, saying had a light sensor been installed, it is highly likely the incident would have never occurred.
Defending KCRH on Tuesday, Dominic Adamson said the home had a “good safety record”.
He said: “I appreciate the court is not concerned with the wider care environment of the home, but it is worthy of note that this care home never failed to meet standards set by the Care Quality Commission.
“There was a good standard of care being provided – it was a warm, caring environment.”
City councillor Neil Baker (Con) says health and safety standards must always be maintained.
He said: “Although this guilty plea will sadly not bring Mrs Daws back, we hope it highlights the extreme importance of managing health and safety risks in the workplace, and the potential repercussions if they are not.
“This was a serious accident which could and should have been avoided had the risks of harm from using the lift been properly assessed and appropriate health and safety measures been put into place.
“Health and safety is a fundamental part of any business.”
District judge Justin Barron transferred the case to Canterbury Crown Court for sentencing.
“At the moment, I am not coming out with a fine that is within my sentencing powers,” he said.
“It seems sensible that I commit the case to the crown court where the judge has full sentencing available to reach a sentence that is appropriate.”
A date for sentencing has yet to be fixed.
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