000 01492cab a2200229 4500
001 ABS67991
008 040715n2004 000 0 eng u
035 _a(Sirsi) u126792
100 _aBell, J.
245 _aIngenuity of children could be expensive
260 _c2004
490 _aConstruction News
_v (6873) 1 July 2004, 19(1)
520 _aPoints 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.
590 _aABS
650 _aGABRIEL V KIRKLEES MBC
650 _aSITE SAFETY
650 _aNEGLIGENCE
650 _aCHILDREN
690 _aBUILT ENVIRONMENT-BUILDING STANDARDS
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/345.html
_zView judgment on the BAILII website...
942 _n0
999 _c74461
_d74461