Family of boy, 4, killed by falling gravestone calling for a cemetery law change

The family of a little boy who died after a gravestone fell on himare calling for upright grave markers to be banned.

Eli Testa died after the cross on top of a gravestone at Rawtenstall Cemetery, Lancs., fell on top of him on July 5. The boy was rushed to hospital but sadly passed away from his injuries.

Earlier this year, a coroner said the suspected cause of death was a traumatic head injury. Now, his parents are campaigning for gravestones in cemeteries across the country to be laid flat and secured to the ground, alongside mandatory regular checks on gravestones across the country.

A petition on UK Parliament has already received more than 900 signatures. Dad Thomas Testa said he hoped any future law would be named ‘Eli’s Law’, in memory of him son.

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He said: “This is an issue that will only get worse over time. Most cemeteries only started getting large headstones when the Industrial Revolution began.

“These headstones are now nearly 200 years old without adequate legislation and safety checks this kind of horrific incident will only become more common.”

The heartbroken father said he and his partner had been up to Glasgow to meet with the family of Ciaran Williamson, an eight-year-old boy who was crushed by a gravestone back in May 2015.

Following a fatal accident inquiry in Scotland which found the boy would not have died had Glasgow City Council followed health and safety guidelines, the family received a ‘six-figure’ out of court settlement.

Dad Thomas said: “Unfortunately the UK government didn’t think to check if this was a national issue, if they did, Eli might still be here.

“We are working with all relevant parties to ensure that cemeteries are a safe place to visit.”

An inquest into his death at Preston Coroners' Court in July laid out the facts of the case.

The coroner said: "Eli was in a cemetery with his great-grandmother when a stone cross on top of a grave came loose and fell on top of him causing injuries which sadly resulted in his death. An ambulance was called and full advanced life support was started at the scene and he was transported to the hospital.

"Given the nature of the injuries and that there was a known cause of his death at that time he was subject to a post-mortem CT scan [as opposed to a full post-mortem examination]. The cause of death is likely to be recorded as a traumatic head injury. That will be a matter for the coroner at the final hearing.

"Police have confirmed there is no longer any active police investigation. There was no reason to suspect there was any suspicious circumstances or third-party involvement at the time. The HSE have been notified."