Ingenuity of children could be expensive
Bell, J.
Ingenuity of children could be expensive - 2004 - Construction News (6873) 1 July 2004, 19(1) .
Points out that occupiers should make sure sites are secure over the summer holidays, as more children are on the streets. Lists recommendations for safe management of sites. Discusses "Gabriel v Kirklees MBC" ([2004] EWCA Civ 345, [2004] All ER (D) 462 (Mar)) where a boy was hit in the eye by debris thrown from a building site, as he walked past on the street. The site was being demolished, was covered in rubble and not surrounded by perimeter fence. It was used by local children as a play area. Claimant Gabriel (G) alleged negligence on the part of Kirklees, but the judge dismissed the claim on grounds that risk was not foreseeable. G appealed, citing errors made by the judge had left the case unresovable. A retrial has been ordered and the parties advised to negotiate a settlement. View judgment at www.bailli.org.
GABRIEL V KIRKLEES MBC
SITE SAFETY
NEGLIGENCE
CHILDREN
Ingenuity of children could be expensive - 2004 - Construction News (6873) 1 July 2004, 19(1) .
Points out that occupiers should make sure sites are secure over the summer holidays, as more children are on the streets. Lists recommendations for safe management of sites. Discusses "Gabriel v Kirklees MBC" ([2004] EWCA Civ 345, [2004] All ER (D) 462 (Mar)) where a boy was hit in the eye by debris thrown from a building site, as he walked past on the street. The site was being demolished, was covered in rubble and not surrounded by perimeter fence. It was used by local children as a play area. Claimant Gabriel (G) alleged negligence on the part of Kirklees, but the judge dismissed the claim on grounds that risk was not foreseeable. G appealed, citing errors made by the judge had left the case unresovable. A retrial has been ordered and the parties advised to negotiate a settlement. View judgment at www.bailli.org.
GABRIEL V KIRKLEES MBC
SITE SAFETY
NEGLIGENCE
CHILDREN