A HEALTH authority could face legal action over the death of a Hampshire grandfather who plunged off a walkway on his mobility scooter.

The Health and Safety Executive says, following the conclusion of the inquest for Benjamin Withers - in which jurors concluded a verdict of accidental death - it is reviewing all the evidence before deciding on its next step.

It comes after the inquest heard how maintenance work on a rotten panel on the walkway at Fareham Health Centre that Mr Withers fell from had been rescheduled 19 times and eventually cancelled.

Daily Echo:

Mr Withers, known as John, died from multiple injuries after a wooden and glass panel gave way on the side of the walkway and he and the mobility scooter the 82-year-old was driving fell to the ground 12ft below on September 20 2012, the inquest heard.

Daily Echo:

In evidence health and safety executive inspector Michael Baxter also told how the wood was "very badly decayed and rotten".

The medical centre was then owned by NHS Hampshire and let out to NHS Portsmouth, which was responsible for ensuring contractors carried out maintenance, the inquest heard.

Both these bodies were abolished the following year.

Jurors took just 45 minutes yesterday to make their decision.

They had earlier heard how Mr Withers had had a previous mobility scooter and from an expert who told how forward and backward controls can vary on different models.

Mr Withers, of Denbigh Drive, Fareham had had his current model around four months prior to the incident and it had around 13.6 hours driving time, the inquest heard.

Colin Norris, forensic vehicle examiner with Hampshire Police, said he had found no defects that would have contributed to the driver losing control.

He told jurors that controls for Mr Withers' vehicle operated by the driver pulling the right lever back to make the scooter go forwards and the left back to go backwards.

Asked if there was an industry standard that the levers are on the same side, he said "no".

He said the controls differ from manufacturer to manufacturer.

Mr Norris said he had until today not been aware that Mr Withers had had a previous scooter and if he had known he would have looked into this.

Mr Withers' son Trevor said his father used his mobility scooter twice a week and that he had had training in how to use it.

Mr Norris said: "There might have been that momentary lapse of concentration when it went wrong the first time - it might be a case that a bit of panic sets in."

The family declined to comment following the verdict.

An NHS Litigation Authority spokesman, which takes on criminal litigation for the abolished health bodies, said it acknowledged the jury's findings but could not comment due to the ongoing HSE investigation.