Owners of Upton hotel ordered to pay £83,000 after man died falling from one of the building's windows - The Malvern Observer

Owners of Upton hotel ordered to pay £83,000 after man died falling from one of the building's windows

Malvern Editorial 13th Feb, 2018   0

THE OWNERS of a hotel in Upton have been fined £34,000 and ordered to pay £49,000 costs after a man died falling from one of the windows in the building.

Jon and Chris Lear pleaded guilty on behalf of the partnership running the White Lion Hotel, to breaching Section 3 of the Health and Safety at Work Act 1974.

The appearance at Worcester Crown Court on Friday followed an investigation by Worcestershire Regulatory Services on behalf of Malvern Hills District Council.

The local authority decided to prosecute following the death of Christopher James who was staying in the High Street hotel when the incident happened on July 5, 2015.




Mr James had been attending a wedding but was found shortly after 4am lying on the pavement beneath the sash window of his room on the second floor.

The exact circumstances in which he fell are not known but the window did not have restrictors in place preventing it from being fully opened.


In a victim impact statement Mr James’ wife told the court her husband’s death had devastated her and the couple’s two children.

The court heard he hotel had carried out a risk assessment in 2013 but had not specifically recognised the risk of falls from windows, particularly from the older style ones which were lower in height. Some rooms with more modern windows had been fitted with restrictors which it was argued was evidence the owners were aware of the risk of falls and should have taken measures to secure the old style windows.

All windows have now been fitted with restrictors and the council has no issue with the measures now in place.

In mitigation the court heard the owners had no previous convictions and no incidents of failure. It was acknowledged the hotel was well-run and the owners were conscientious in their approach to health and safety issues. It was also accepted industry standards and guidance from the Health and Safety Executive regarding the risk of falls from windows was unclear.

Sentencing, Judge Cole said: “I take the view the prosecution were correct in describing the failure to include in a risk assessment any mention of falls from windows as a glaring omission.

“Had the question of the windows in the upper bedrooms been considered this would have been considered as an obvious risk and steps put in place.”

Coun Bronwen Behan, responsible for Worcestershire Regulatory Services on Malvern Hills District Council, said: “This is a very tragic case and our thoughts are with the family of Mr James.

“It highlights the importance to all businesses of ensuring their risk assessments are thorough.”

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