Company to be sentenced later for a work place incident in which a man fell from a height

By Jessica Magee

A man who fractured his skull when he fell from a height in his workplace is continuing to suffer cognitive difficulties over two years later, a court has heard.

Ludovic Tanfin was standing on an improvised platform on a forklift at his workplace in Blanchardstown Corporate Park, Dublin 15 when he fell over two metres to the concrete floor below.

E W Technologies, represented by its former managing director David Ford, pleaded guilty to failing to provide adequate fall prevention measures at the company’s warehouse on January 15, 2021.

At a hearing today, Dublin Circuit Criminal Court heard that the company could be fined up to €3 million or face a prison term of up to two years for breaching health and safety regulations.

Terry Hallihan, an inspector with the Health and Safety Authority, told the court that the company has since been sold to a larger US firm.

Mr Hallihan told Olan Callanan BL, prosecuting, that the incident happened after Mr Tanfin accidentally crashed a forklift into the warehouse roller shutter door, damaging two panels.

Personnel at the warehouse tried to fix the door but it didn’t work, so a wooden pallet was placed on the two prongs of the forklift and Mr Ludovic stood on this improvised platform.

The pallet was then lifted up just short of 10 feet and Mr Ludovic loosened the bolts in order to remove the two panels so they could be fixed.

The left side of the roller door collapsed abruptly under gravity and Mr Ludovic fell directly to the floor where he began bleeding from the ear.

He spent eight days in hospital and a medical report said he suffered substantial skull fractures with inter-cranial bleeds, together with multiple rib fractures.

Mr Ludovic returned to work with a different company about a year later but a more recent medical report said he continues to suffer residual consequences, including difficulties with memory and understanding, and trouble standing for long periods.

No victim impact report was made.

Mr Ludovic is taking a personal injury case which is ongoing, the court heard.

Mr Hallihan agreed with Mark Lynam SC, defending, that E W Technologies had submitted a very early plea and had co-operated with every stage of the investigation.

Mr Lynam said the company had had an impeccable safety record and that it fully accepts responsibility for the injuries suffered by Mr Ludovic.

The court heard that the investigation examined CCTV of the incident and noted an “element of panic” after the door was broken.

Mr Hallihan said there was no necessity for the personnel present on the day to try and fix the door and that it should have been left to the expertise of a door company.

He agreed with counsel for the defence that staff were worried that the broken door might pose a risk but that unfortunately it was their efforts to fix it which created a serious risk.

Judge Orla Crowe adjourned the matter for finalisation to October 19.