Stephen Uttley successful in the Prosecution of David Lloyd Leisure Limited

Stephen Uttley was instructed by Stockton-on-Tees Borough Council and advised on the proceedings from the outset. Two offences were proceeded with. The first offence related to failing to discharge a duty contrary to Section 3(1) of The Health and Safety at Work Act 1974. The second offence related to their failure to discharge a duty contrary to Regulation 3 (1) of The Management of Health and Safety at Work Regulations 1999.

The proceedings related to an incident that took place on 7 June 2013 at David Lloyd Leisure, Tees Barrage Way, Stockton-On-Tees site. A member of the club was involved in a personal training session outside with the assistance of a personal trainer who worked for the Company. During the training session, resistance bands with handles were being used attached to a nylon Velcro strap with a metal D ring on.

Whilst pulling on the nylon strap the D ring gave way and flew back at speed. As a result his left eye was damaged to such an extent that he lost sight in it and lost part of his vision in his right eye.

The Company were fined £40,000 for each offence and ordered to pay the Prosecution costs. It was the first Prosecution relating to this type of equipment and attracted local and national media attention.

For more information:

• BBC

Authors

Stephen Uttley

Call 1984