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Posted By tigertegg
Recently, whilst in Spain, my wife was struck in the face by an unsecured sun umbrella.
The sun umbrellas at this "Club site" had recently been renewed and had a 25mm pole. The base fixing units had not been replaced and had a screwed plastic collet, suitable for securely holding a 50mm pole - not one of 25mm. Whilst conditions were not windy enough to justify folding the umbrellas on safety grounds, a small gust of wind was sufficient to lift the umbrella from its (unsecured) base. The wind then dropped and the umbrella spun in mid air as it fell to the ground, with the result that the end of the pole struck my wife a severe blow to her chin, causing severe bruising and major internal injury to her inner lip, gum and teeth.
I am in discussion with the holiday firm (both British and Spanish registered) relating to their responsibilities in this matter but am having some difficulty establishing the relevant, Spanish H&S legislation.
Clearly, both Council Directive 89/391/EEC of 12 June 1989 and General Product Safety Directive 2001/95/EC have some bearing on risk assessment and general safety of a product but, unlike detailed British legislation, are rather "wooly" in their definition and, whilst referring to "workers" do not seem to make any reference to "clients" or "persons who may be affected by their undertaking".
Please can anyone help me by giving me relevant guidance on the H&S responsibilities of such a holiday firm to its clients in such a case?
Many thanks in anticipation.
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Rank: Guest
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Posted By D H
I despair - why do we need to go to the European courts to sue - which I take it is your intention!
If you are in discussion with the firms - get the info you need from them.
I am sorry your wife got hurt but we are talking about low paid workers carrying out jobs in which they are probably untrained - common in the industry. I would not imagine there was a risk assessment and tool box talk done on fixing a sun shade and pole to a stand!
Claim through your holiday insurance like everyone else!
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Rank: Guest
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Posted By D H
Should have read;
I am sorry your wife got hurt but we are talking about low paid workers carrying out (low risk) jobs in which they are probably untrained.
IOSH - how about an edit facility?
Dave
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Rank: Guest
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Posted By martinw
Dave
it is not the low paid workers who would be the people being sued: rather it is their employers. Their lack of training and having to work with incorrect unsuitable equipment is under discussion.
Don't despair. I think that this is a relevant request for help and information on a forum which is there for this precise reason. Empathy?
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Rank: Guest
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Rank: Guest
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Posted By tigertegg
Thanks for nothing Dave. If you can't offer constructive advice please don't bother. This may seem a minor item but next time someone could loose an eye or a young child could be killed - I wouldn't want that on my conscience if I can do something to prevent future occurrences!
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Rank: Guest
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Posted By tigertegg
Thanks for that Paul. I've already got what I can from that site but it didn't seem possible to get down to specifics re duty of care to persons not employed, but who may be affected by activities on the premises.
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