Asda has been ordered to pay a total of £97,500 by Dorchester Crown Court after one of its workers was crushed by a forklift truck and left permanently disfigured. The 42 year old was working in the storage warehouse at the back of the supermarket in Newstead Road, Weymouth, when the accident happened on 20 November 2005. She had been crouching down stacking the bottom shelf of goods in an aisle next to a doorway with plastic strips covering it, when she was struck by a pallet on a forklift truck driven through the door by her colleague. She suffered devastating injuries to her leg, which involved the removal of most of the skin and flesh. Since the accident she has undergone intensive medical treatment, major physical disability and cosmetic damage and is in critical pain and discomfort and needs a carer.
The Court heard that the forklift truck driver had been driving forwards despite being unable to see over his load - a practice against company training but condoned by staff at the Weymouth store because it was more convenient. Simple measures could have been taken to avoid the accident, such as tidying up the store area, improving visibility and measures such as putting a chain across the doors of the site, so no risks would come to any pedestrians. In addition, approved risk assessments from head office had not been implemented, despite three previous accidents at the store involving forklift trucks in recent years.
Judge Harvey Clarke said, "In my judgement the accident was caused by extreme carelessness on the part of her employers and I have to bear in mind that ASDA is one of the largest retail organisations in this country." He did however praise ASDA for their guilty plea, who following the accident placed the Weymouth store on a priority list of 31 sites to be given a health and safety overhaul. They have since spent £29,000 on new measures.
