Owners of a cash and carry store have been ordered to pay £44,000 after a customer lost a leg in a car park accident outside their store. Yogesh and Ashwin Patel, who run Falcon Cash and Carry, in Syston Street West, off Dysart Way, in Leicester, had admitted health and safety breaches.
The crash happened when a woman driver pulling into the car park had crashed into Ramnik Kukadia as he was getting out of his parked vehicle in a disabled bay.
Leicester Crown Court was told that the car park had a "blind corner" when turning left into the entrance, which was "extremely close" to the disabled bays. It meant that anyone driving in would be facing the side of the parking bays, which had no hatched safety area.
Kate Rogers, prosecuting, for the city council said: "There should have been a clear area for people accessing their vehicle without being directly in the line of cars entering."
Judge Ebraham Mooncey said: "The accident was the only matter that was reported in all the time they've been there. Looking at the set up at the time it's fortunate no other incidents happened. It does seem chaotic and it was at the time. It could have been done differently."
The woman responsible for the crash was prosecuted for careless driving.
Yogesh Patel (49) and Ashwin Patel (50), of Devenports Hill, Bushby, admitted a health and safety breach by failing to ensure people were not exposed to risk within the car park situated opposite the store, when the incident happened in January 2011. They were both fined £12,000 with £10,000 costs each. They also admitted breaching a prohibition notice issued by the city council, by using a disabled parking space before carrying out remedial work as directed, on April 14, 2011. Afterwards, the company issued a statement saying they were "extremely sorry" that Mr Kukadia was injured in the car park. By October 2011, improvements to the layout of the car park had been completed.
Speaking after the hearing, Mr Kukadia, 67, of Thurmaston, who is now confined to a wheelchair, said: "Even when the case was over, the Patel brothers didn't even look at me. It would have been nice if they'd said something to me outside court, but they didn't. Had they done so I would have appreciated that and thought 'ah well, as least they said something.'"
Govind Mandora, city council public safety team manager said: "This accident clearly shows the need for regular health and safety inspections to ensure businesses are compliant and so minimise the likelihood of such tragic accidents occurring."
