MAN WINS COMPENSATION CLAIM FOR FALL ON MUDDY CONSTRUCTION SITE

July 22nd, 2010 admin

In a personal injury compensation case decided on 19^th May 2010, Mr Swain recovered compensation in respect of his slip and fall due to mud on a construction site footway against both the main construction site contractor and the sub contractor who had day to day responsibility for maintaining the site.

The trial judge held that the subcontractor with responsibility for groundwork on the building site was liable for the personal injuries suffered by Mr Swain due to the failure to implement an effective system to ensure that a footway was kept clear of mud.

The judge also held that the main contractor was also liable for not ensuring that the sub contractor had an effective maintenance system and that such duty derived from its overall supervisory role. Liability, and the obligation to pay compensation to Mr Swain was split between the two contractors, although Mr Swain also had part of his damages reduced due to his own contributory fault in not taking enough care on the footway.

COMMENT:-

Construction sites can be very muddy places indeed and where there is mud there is a risk of slipping. No matter how large or small the site, those responsible for the building operations have a duty to both workers and visitors alike to ensure the footways are not in a dangerous condition.

PERSONAL INJURY CLAIM SOLICITORS:-

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