Sainsbury's fined £1m for 'booby trap' which caused horrific injuries at Newbury superstore

A SUPERMARKET giant has been fined £1m after a Newbury store customer's jaw was shattered by an inadvertent "booby trap".

The victim, who suffered life-changing injuries and needed titanium plates inserted in her jaw, could have been decapitated by twine stretched taut between two car park pillars, a district judge heard.

The system put thousands of customers at the Sainsbury's superstore in Hectors Way at risk, Reading Magistrates' Court was told on Wednesday, March 2.

Elizabeth Varcoe, prosecuting on behalf of West Berkshire Council, said the store had created a queuing system in the car park during the coronavirus lockdown using high visibility, red and white plastic tape to mark lanes.

But when these were vandalised, the court heard, the store manager opted to use thin but strong baler twine drawn taut between two pillars in one area.

On June 21, 2020, Patricia Crampton arrived at the store on her mobility scooter and ran into the twine at speed, face first.

Ms Varcoe said the twine caused horrific injuries, splitting Mrs Crampton's mouth open and fracturing her teeth, jaw and palate.

Mrs Crampton was taken to the John Radcliffe Hospital in Oxford for emergency surgery and Ms Varcoe added: "At one point she suffered heart failure during the operation."

Surgeons had to implant titanium plates and screws to rebuild her jaw and palate, the court heard, and Mrs Crampton needs ongoing medical treatment to this day.

Ms Varcoe suggested the twine amounted to an inadvertent "booby trap" which could have strangled or even decapitated someone during the seven weeks it was used.

She said no risk assessment had been conducted on the use of the twine to replace the plastic tape.

Sainsbury Supermarkets Ltd admitted exposing customers to danger and failing to make a suitable risk assessment contrary to the Health and Safety at Work Act 1974.

The company has an annual, £24bn turnover, the court heard.

Kate Blackwell QC, for the supermarket giant, said: "I begin by saying how sorry Sainsbury's is for Mrs Crampton having had to suffer in the way she has.

"Thankfully this was a very unusual situation."

She pointed out that the company had a previously spotless health and safety record with zero previous convictions.

Ms Blackwell said store management had co-operated with the investigation throughout; that immediate steps were taken to remove the twine and that the company had so far paid Mrs Crampton more than £31,000 towards her medical and care bills although a civil case was also pending.

Ms Blackwell added that the store manager had decided to use the twine "for the best of reasons" and challenged a suggestion that Mrs Crampton could have been decapitated.

District judge Samuel Goozee responded: "Care should be taken not to sensationalise the risk."

He acknowledged that the company "had to rapidly respond to Government guidance to protect the public during a pandemic while continuing to provide an essential service to the public".

Judge Goozee added: "A sufficient risk assessment would have identified the risks from the baler twine extended between metal posts.

"Ironically the manager's decision to use the twine was a response to other health and safety issues that would have arisen from vandalism and weather damage.

"Nevertheless it was a decision that was inadequate.

"It would be a step too far to say there was a real and significant risk of death – that's conjecture.

"But it did expose a great number of members of the public to risk."

He fined the supermarket giant £1m.

In addition, he ordered the company to pay £18,263.62 costs, plus a statutory victim services surcharge of £190.