Olivia Burt death trial: Teesside Crown Court hears Milford student’s death ‘preventable’; Stonegate Pub Company denies four health-and-safety breaches
THE death of a university student from Milford who fell through a faulty barrier while queuing for a nightclub was “predictable” and “preventable”, a court has heard.
Gifted youngster Olivia Burt suffered a “devastating head injury” when a decorative screen collapsed outside Missoula in Durham city centre on 7th February 2018, writes Alex Storey.
The 20-year-old’s death could have been avoided had Stonegate Pub Company Ltd, which manages the venue, carried out proper health-and-safety checks, prosecutors claim.
Teesside Crown Court has heard the screen partially collapsed just an hour before the tragedy but was put back up by staff.
Olivia was in her first year studying natural sciences when the tragedy struck.
She had also been part of the British sailing team and had been head girl at Bournemouth School for Girls before she moved north to Durham University.
The court heard that Olivia and her friends were waiting to get into the ‘Game Over’ event at Missoula, which was popular among students every Wednesday following university sports fixtures.
Stonegate, based in Solihull, West Midlands, denies four breaches of the Health and Safety Act and are being tried by a jury.
The court heard that Stonegate, the UK’s biggest pub chain, has a “portfolio of over 4,600 pubs” including 800 which it manages directly.
Opening the case, prosecutor Jamie Hill KC, representing prosecutors Durham County Council, said: “Tragically on the night of 7th into the early hours of 8th February 2018, a 20-year-old student called Olivia Burt lost her life as she was queuing to get into the club.
“She and her friends were standing next to a decorative screen which marked an area used by customers sitting outside.
“We say this screen should not have been used as a crowd control barrier or for queue management.
“As the queue swelled, the press of people caused Olivia to fall through a panel in the screen and then a section of the screen fell with other customers and other students.
“Olivia’s head hit the concrete pavement, and the metal bar of the screen – with the weight of other customers – landed on her head.
“She suffered an unsurvivable head injury.”
The court heard that around 30 minutes before the fatal crush, a section of the screen gave way due to the gathering outside.
CCTV footage was played to the jury which showed the first collapse and then the moments before the tragedy.
Four staff members then attempted to put the barrier back up after the first fall but two panels had already fallen off.
Mr Hill said: The structure, which was already unfit for the purpose of crowd management, was further weakened.
“This collapse was an important missed opportunity.”
Mr Hill added: “Between 11.30pm and midnight, the venue was full to capacity but there were large numbers queuing to gain entry.
“Part of the queue was lined up next to the decorative screen, and some students were leaning against it.
“As the rear doors had now been closed, the press of people continued to grow, and at 11.48pm the decorative screen gave way again.
“Olivia fell through the panels. The screen went over, others fell and tragically Olivia died. Despite the attempts of fellow students, door staff and paramedics, nothing could be done.
“She had suffered a devastating head injury.
“It is the prosecution case that the company failed in its duty to ensure the safety of Olivia and other customers.
“It failed to properly assess risks. It used inappropriate equipment and it ignored warning signs of danger.
“The prosecution says the fatal accident was foreseeable, predictable and preventable.”
Mr Hill KC said that police had met with Missoula’s management team in 2017 to express concerns over the venue’s crowd control.
The court was also told that there were limited venues capable of “absorbing the large number of students” on Wednesday nights in the city, and therefore was an increasing demand to gain entry to Missoula.
Olivia’s father Nigel travelled up to Middlesbrough to be present in the public gallery.
The trial is due to hear evidence from a number of health-and-safety experts including engineers who tested the screen during investigations.
The trial, which is expected to last four weeks, continues.
