Paignton director given suspended sentence after employee suffered brain injury in car park
Company also fined £45,000 over filming incident at Broadsands
A company director from Paignton has been given a suspended prison sentence after an employee suffered a serious brain injury during filming in a car park.
James Foster, 55, and his motorsport marketing agency Superhub Ltd appeared at Exeter Crown Court on Wednesday 14th October.
They had earlier pleaded guilty to causing serious injury by dangerous driving and two Health and Safety Act offences.
What the court heard
The court heard that on 14th May 2021 a review was being carried out on an electric motorcycle which was not registered for use on the road.
The decision was made to use Broadsands car park in Paignton, and an employee of Superhub Ltd carried out the filming.
During part of the filming, the employee was sitting in the rear of an open Range Rover driven by Foster.
As the vehicle accelerated away from the motorcycle, the employee was ejected from the vehicle and landed on the ground.
The employee received significant injuries, including a brain injury which has resulted in lifetime care needs.
Judge David Evans said during his sentencing remarks that the risks should have been obvious, and that Foster had neglected to ensure his passengers' safety.
The sentence
Superhub Ltd was fined £45,000.
Foster received a 16-month custodial sentence suspended for two years, along with an 18-month supervision order and 180 hours of unpaid community service.
His licence was endorsed with six penalty points.
The company was ordered to pay costs of £3,000, and Foster was ordered to pay costs of £2,500.
Police and Health and Safety Executive investigation
The investigating officer, DC John Greathead from the Serious Collisions Investigation Team, worked alongside the Health and Safety Executive.
He found the incident was entirely avoidable.
DC Greathead said: "Car parks are intended for the movement and parking of vehicles and are not suitable locations for undertaking filming activities involving persons travelling in unsecured positions on vehicles."
He said: "Although the incident did not occur on a public highway, the fundamental principles of road safety remained applicable."
He said: "Drivers have a responsibility to ensure the safety of passengers and any other persons who may be affected by the use of their vehicle."
He said: "Allowing an individual to travel in the open rear boot area of a moving vehicle exposed them to a foreseeable risk of serious injury."
He said: "There were no adequate control measures in place to mitigate that risk, and safer alternatives for obtaining the required footage were available."
He said: "The circumstances indicate a failure to appropriately assess and manage the risks associated with the filming activity. Had basic safety considerations been applied, the incident would not have occurred."