November/December was a busy time in the courts for the fairground industry, with three operators sentenced for serious health and safety failings at their respective sites.

Warrington theme park Gulliver's World appeared at Chester Crown Court on 22 November to answer to charges over the death of a 14-year-old disabled teenager on one of its rides in July 2002. Salma Saleem fell 6.6 metres from a gondola on the park's double ferris wheel. As there were no witnesses to the fall, it is not clear how it happened but the HSE's investigation revealed deficiencies in the design and maintenance of the ride, and lack of specific risk assessments and training for operators.

The company pleaded guilty to failing to safeguard non-employees, under s3(1) of the HSWA, and to failing to carry out an appropriate risk assessment, under the Management Regulations 1999. It was fined £70,000 on the first charge, £10,000 on the second, plus agreed costs of £90,000.

In mitigation, Gulliver's World said it had spent £400,000 on health and safety improvements since the incident, and had introduced a rigorous system of maintenance checks, as well as a better training system for employees.

Commented HSE principal inspector, Paul Spurrier: "This tragic case brings home the importance to all fairground operators that they must ensure that their rides are safe by having their initial design thoroughly reviewed, by having them checked and adequately maintained on a regular basis, by keeping records of items replaced or repaired, by ensuring that their staff are trained in how the ride works, that they understand any precautions they must take with vulnerable passengers, and that they understand what to do in an emergency."

Meanwhile, a Kent-based firm, which runs an adventure park in County Durham, was fined £75,000 over an incident in which 12 people – including children as young as five – sustained serious injuries.

Riggsed Ltd pleaded guilty at Durham Crown Court on 20 November to two charges – under s2(1) and 3(1) of the HSWA 1974 – of failing to ensure the health and safety of employees and non-employees at Diggerland adventure park in April 2004. The court heard that 18 passengers were being driven around the site in a modified ex-MoD all-terrain vehicle by a 17-year-old employee who had received rudimentary training only the day before. The vehicle went out of control on a steep bank and rolled into a river, where it overturned.

Investigating HSE inspector Graham Watson told SHP: "There was a number of issues involved here. The main one was that the route taken by the vehicle – along a steep bank, leading down to a river, with no barrier – was not safe. Secondly, a suitable and sufficient risk assessment for this site had not been undertaken. Instead, a generic one had been carried out for all three of Riggsed's sites. Then there was the issue of the driver's training, and finally, there was the construction of the vehicle itself.

"Although it did not contribute to the accident, it did contribute towards the injuries sustained by the passengers, in that there was insufficient padding, and the seatbelts were not of a rugged enough construction for an unenclosed vehicle."

In mitigation, Riggsed said it had been assessed by a registered inspection body, who had deemed it safe enough to operate this vehicle. It also offered its early guilty plea, cooperation with the investigation, and the fact that it has reviewed its training procedures for staff.

Finally, Lightwater Valley Attractions Ltd (LVAL) was fined £35,000 plus £40,000 costs following the death of a woman on a roller-coaster at the Lightwater Valley theme park in North Yorkshire. Gemma Savage, 21, died on 20 June 2001 when two cars collided on the ‘Treetop Twister' ride.

LVAL was charged with and pleaded guilty to breaching s3(1) of the HSWA 1974. Maintenance electrician Eric Butters pleaded guilty to breaching s7(a) of the HSWA 1974 and was fined £2500 plus costs of £500. Both companies had pleaded guilty at an earlier hearing but were charged on 8 December at Leeds Crown Court following the four-day trial of Société Reverchon Industries – the French manufacturer of the ride. SRI pleaded not guilty to charges under sections 6(1A)(a) and 6(1A)(c) of HSWA 1974 relating to the safe design and construction of equipment being used in connection with the entertainment of members of the public. The company, which is now in liquidation, was fined a total of £120,000 plus £55,000 costs.

The incident occurred when one of the cars failed to clear a ‘hill' on the ride. It was held near the top and the ride was automatically stopped. Eric Butters used the maintenance hand controls to return cars to the station, but failed to assess where cars were on the ride and failed to bring them down one at a time.

After the hearing, investigating HSE inspector Paul Robinson commented: "The guilty pleas and verdicts, and the judge's comments and fines imposed on the ride supplier, operator, and worker reflect the high safety standards expected by the law, public, and the HSE from all those involved in the supply and operation of fairground and theme-park rides."