A firm has been fined £12,000 after a toddler fell more than five feet down the side of an unprotected staircase in a shop in Maidstone.

Family Bargains opened its London Road branch just days before the accident, despite the risk being flagged up during health and safety checks of the store.

Maidstone Magistrates Court heard how a glass panel had been missing on the descent from a mezzanine floor.

The victim, a two-year-old girl who cannot be named for legal reasons, was with her mother and sibling when she stumbled and fell through a gap near the lift in August 2012.

She was taken to William Harvey Hospital in Ashford with pain in her head, shoulder and legs and was re-admitted to Maidstone Hospital later that evening.

"No one took responsibility that the store was safe by the time of opening..." - Magistrate Dennis Fuller

The court heard how she had suffered no lasting physical injuries but was mentally affected by the accident, leading to bed wetting.

Emmaline Lambert, prosecuting, said it was obvious that an accident could occur and that the firm, “fell short of its duties”.

The company admitted breaching the Health and Safety at Work Act and was fined £12,000, plus £4,669 in court costs.

Family Bargains is owned by 99 Stores Ltd which has more than 250 retail units across the country.

Sentencing, magistrate Dennis Fuller said: “You were made aware of the missing panel by contractors and your health and safety officer who had assurances it would be remedied by the time of opening.

“Despite all these people being aware, no one took responsibility that the store was safe by the time of opening. No satisfactory follow up action was taken until the accident some days later.”

But defending, Alan Millband said the company had effective health and safety procedures in place and that the failings at Maidstone were an isolated incident of miscommunication that would not be repeated.

He said: “This is a source of great concern and regret to 99p Stores and they appreciate the age of the victim in this case was something that makes it all the more regrettable.

“On their behalf I would like to wholeheartedly re-apologise for what happened. Happily, compensation has been agreed.”

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