Berkeley subsidiary and Lindner Prater fined £1.3m over death of passerby
Summary
A Berkeley Group subsidiary and Lindner Prater have been fined a combined £1.3m after a window unit fell from a London development and killed a passerby. The HSE said the risk from the bespoke penthouse windows was not properly assessed or managed, despite an earlier near miss involving the same design.
Why it matters
The case highlights the consequences of inadequate design risk assessment and weak follow-through on known safety concerns during construction. Surveyors involved in development, design coordination and site risk management should note the emphasis on principal designer duties and the need to verify product suitability for bespoke elements.
Key points
- A 130kg window fell 91 metres from the Corniche development and killed Mick Ferris in 2018.
- St James and Lindner Prater were convicted under Section 3(1) of the Health and Safety at Work etc. Act 1974.
- The HSE said the windows were changed to open outwards without effective risk assessment, increasing danger to pedestrians below.
- A prior near miss in 2017 was not adequately acted upon, according to the regulator.
- The HSE stressed that principal designers must clarify responsibilities and monitor performance to identify and coordinate risk controls.
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