- Company fined £45000
- Injured person has been unable to return to work
- No risk assessment had been carried out for the filming activity
A media company has been fined and its director given a suspended custodial sentence after an employee suffered life-changing head and brain injuries when he fell from the back of a moving vehicle during filming in Devon .
The employee was working for Superhub Ltd on 14 May 2021 and was filming a video review of a new electric motorbike at Broadsands car park in Paignton.
After completing the planned filming using a drone, the decision was made to capture additional footage from a moving vehicle, with the motorbike following behind.
The employee climbed into the boot of a car driven by Superhub Ltd director James Foster, and they completed several laps of the car park. As the car began to move the boot liner slipped, causing the employee to fall onto the tarmac.
He sustained serious head and brain injuries requiring long-term care and has been unable to return to work since.
A joint investigation by Devon and Cornwall Police and the Health and Safety Executive (HSE) found that no risk assessment had been carried out for the filming activity. Investigators also found that the car was unsuitable for the task, as there was no provision to secure the employee or his filming equipment safely while the vehicle was moving.
HSE guidance states that camera operators should not film from footwells, sunroofs, open boots or side doors while a vehicle is moving unless suitable controls are in place to reduce the risk of injury or falling from the vehicle.
The guidance also states that tracking shots involving moving vehicles should only be carried out using suitable vehicles that maintain their structural integrity, with all crew members appropriately restrained.
Superhub Ltd, of Business Hub, Marine Parade, Paignton, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Director James Foster pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974 and to causing injury by wanton and furious driving.
Superhub Ltd was fined £45,000 and ordered to pay £3000 in costs. The Judge combined the individual charges and James Foster was sentenced to 16 months imprisonment suspended for 2 years. He was also ordered to pay £2500 in costs at Exeter Crown Court on Wednesday 14 October.
HSE Inspector Emma O’Hara said:
“An employee suffered life-changing injuries as a result of an incident that should never have happened and could easily have been prevented.
“Those responsible for filming activities must properly assess the risks and ensure that suitable equipment and safety measures are in place before work begins. No film, photo, or piece of content is ever worth risking someone’s life. Safety must always come first, and no filming activity should put people in harm’s way.”
“The sentences imposed today should serve as a reminder that HSE will not hesitate to take action against companies and individuals who fail to meet their responsibilities to protect people from harm.”
The HSE prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and paralegal officer Helen Jacob.
Notes to Editors
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
- More information about the legislation referred to in this case is available.
- Further details on the latest HSE news releases is available.
- Relevant guidance can be found here Entertainment and leisure industry – HSE
- HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences can be found here.