Snack Bar fined after customer electrocuted

8 October 2003

A Notting Hill snack bar has been successfully prosecuted by Kensington and Chelsea Council after a customer received such a severe electric shock that he had to be hospitalised.

The proprietors of Snack Bar Da Maria at 187 Notting Hill Gate appeared before West London Magistrates last week (2 October) to plead guilty to charges brought under the Health and Safety at Work Act. At the hearing, it emerged that they had been warned several times by the Council to arrange for checks of the equipment to be made.

Snack bar directors Mario and Maria Realini were fined £1000 each under Section 3(1) of the Health & Safety at Work Act 1974. Additionally, the limited company operating the business, Snack Food Restaurants (London) Ltd, was fined a further £1000. The Royal Borough was awarded a total of £4800 in costs from the defendants. And in a separate civil action the victim received £2000 compensation.

The incident happened on 19 December 2001 when Mark Downie visited the snack bar and placed both hands on the counter. He received an electric shock so strong he was thrown back two feet. One of the counter staff later admitted they were waiting for someone to come and fix an electrical fault.

A short while after the initial shock, Mr Downie began sweating profusely, his calves began to ache and he felt pains across his forehead and chest and a tingling sensation in both hands.

He went to the clinic at St Charles hospital where he was given an Electrocardiogram (ECG) and transferred to Hammersmith hospital by ambulance. He was kept under observation in hospital, still experiencing pain, until the following afternoon.

Mr Downie complained to the Council about the incident and Environmental Health Officers promptly inspected the premises. Although the counter was unplugged, they discovered a broken connection socket at the bottom of the unit showing that the earth wire was not properly connected. When the food counter was switched on and tested, it was found to be "live".

After the case Cllr Richard Walker-Arnott, Cabinet Member for Environmental Health said: “This was a clear and obvious fault of the kind that businesses must attend to without delay. If businesses don't act to protect customers then the Council will, and that can mean severe damage to profit and reputation, as this case demonstrates."

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