Landlord fined for radiator that led to mum's death

AN 82-year-old landlord has been fined £5,000 for supplying a faulty electric radiator which led to the death of a 33-year-old mother in a tragic accident.

Trading standards officers from Cornwall Council brought the case against Hilary Thompson from Portscatho, on the Roseland peninsula, following the electrocution of Thirza Whittall last year.

Mrs Whittall died just days after she had moved to the village with her husband and two young children.

During a trial at Camborne Magistrates Court on Thursday (August 6), magistrates were told that Mrs Thompson inherited Pettigrew Cottage in the 1980s and had let it as holiday accommodation until 2007.

Tenancy

She then decided to let it on a shorthold tenancy, which Mr and Mrs Whittall took over on March 9, last year.

Prosecuting, Emma Northey, from the trading standards department, said: "It was supplied furnished, so the electrical appliances should have been safe."

There was no central heating and an electric, oil-filled radiator was used in the bathroom, which was plugged into a socket in the kitchen.

The court heard an engineer who later inspected the radiator found it was more than 30 years old, had a castor missing, and was fitted with a 13 amp rather than the appropriate three amp fuse.

The flex was damaged and the cover had failed where it entered the appliance, so that when the flex was pulled taut, live wires made contact with a metal pin inside the thermostat. This created a fault current which went back into the electrical system and the water pipes bonded to it, making the home's water pipes and bath taps live.

Mrs Northey said: "The faults on the heater were not enough in themselves to cause serious injury, but there were other faults with the house itself, namely a lack of earth bonding on the water pipes.

"As a result, when Mrs Whittall got into the bath and touched the taps she completed the circuit and was electrocuted.

"The electrical equipment played a part in the circumstances of Mrs Whittall's death, but was not the sole cause."

In Mrs Thompson's defence, Harry Vann told magistrates: "This tragic incident lives with all those who have had any connection with it."

He said she had asked electrician Bruce Brockhurst to check the house's electrical system before the Whittalls moved in, but he had been too busy.

"Had the electrician done so, Mrs Whittall might not have been electrocuted," said Mr Vann.

He added that Mrs Thompson's daughter had lived in the house for three months before the accident and used the bathroom and radiator without incident.

He said: "Mrs Thompson had no idea that the radiator, which was stored in the back passage, was going to be used in the bathroom, for where it was not intended. She had no inclination of any problems with it."

Mr Vann asked magistrates to take into consideration Mrs Thompson's age, previous good conduct, role in the community, and the fact that she pleaded guilty at the first opportunity. He added that she had cooperated fully with enquiries and since renovated the property, to make it safe.

Mr Vann added: "This tragic accident has deeply affected Mrs Thompson – she suffers her sentence every day, especially in such a small, close-knit community as Portscatho."

Magistrates fined Mrs Thompson £5,000 – the maximum for a single charge in magistrates courts - and ordered her to pay £1,182 costs.

Speaking after the hearing, Mrs Thompson told the West Briton: "This tragedy and its consequences will remain with me always."

The Electrical Safety Council (ESC) advises tenants to look for the following things before moving into a rented property:

● An electrical report (known as a Periodic Inspection Report) confirming that the electrical installation is safe for use

● Certification confirming that any recent electrical work meets the UK national standards

● That sockets, switches and light fittings are in good condition with no signs of damage

● That any electrical appliances are provided with the manufacturer's instructions, have up to date Portable Appliance Test (PAT) stickers on them and are in good working order

The ESC has also put together a guide for landlords, the 'Landlords' Guide to Electrical Safety', which is available to download free of charge at the business and community section of its website www.esc.org.uk