Owners of Topshop fined £450k after child fractures skull in store

A retail firm has been fined £450k after a 10-year-old girl suffered a serious head injury when a part o the furniture fell on her head.

The schoolgirl, now 12, who cannot be named, was with her mum at Topshop in Silverburn Shopping centre in Glasgow's Pollok when a queue barrier she swung on fell on her.

She was taken to the Royal Hospital for Children where she was found to be suffering a skull fracture as well as cuts and bruises.

The child has been left with a scar on her right temple and was off of school for eight weeks.

Arcadia Group Ltd, who own a number of brands including Topshop and Topman, pled guilty to flouting health and safety laws last week at Glasgow Sheriff Court.

Sheriff Paul Crozier said Arcadia Group had acknowledged their fault by pleading guilty to breaching health and safety in what was a "sad and serious incident".

He said: "As a result of the company’s failings a 10-year-old suffered a severe injury and permanent disfigurement" but he noted that they have "taken steps to make sure there is no repeat of that breach.

Arcadia Group Ltd admitted they failed to make sure that the queue barrier was fixed to the floor or properly secured, between January 2016 and February 2017 that lead to the girl being injured to her severe injry and permanent disfigurement.

The court heard the barriers were usually only used in "flagship stores" and Silverburn wasn’t one.

They had been removed from the Argyle Street store and at some stage between January and March 2016, were moved to Silverburn, but not correctly installed.

Procurator fiscal depute Catriona Dow said the items were used in stores near the till area to guide customers and often displayed smaller items people can buy.

Mrs Dow said they "required to be fixed to the floor".

She said: "On February 7, 2017 the 10-year-old accompanied her mother and her friend shopping at Silverburn.

"The entered Topshop around 8pm. The girl and her mother had been looking at hats and trying them on."

Around 8.15pm the girl’s mother "heard a scream" and turned to see her daughter lying on the floor "with a queue barrier on top of her".

Staff immediately removed it and an ambulance was called, and the girl was taken to hospital.

Mrs Dow said she was treated for a skull fracture and cut, and she had bruises on her arms.

The court heard the shop was shut for investigations and CCTV was checked.

Mrs Dow added "It appears (the girl) has swung on the queue barrier at which time it fell on top of her."

Enquiries revealed that that barrier, and a second that had been brought to the shop were both insecure and not attached the floor properly and removed.

The child was treated for her head injury and was off school for eight weeks.

In June last year she was asked about her injuries and was aware of a scar on her right temple that she covers with makeup.

An Arcadia spokeswoman said: "The Arcadia Group remains saddened by the injury suffered by the young girl as a result of this incident and our thoughts are with her and her family.

"The health and safety of our customers and employees is of the utmost importance to us.

"The sheriff recognised that Arcadia has co-operated fully with Glasgow City Council and, at the first opportunity, pleaded guilty to a single charge brought under the Health and Safety at Work Act 1974.

"Arcadia accepts that its system for the transfer of fittings between stores was not as robust as it should have been and this led to an unsecured fixture being present in the Silverburn store.

"We apologise unreservedly for this."