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Case law: Demolition contractor fined after debris falling into neighbouring property injured visitor

Contractors working on building sites should ensure they are aware of and comply with their duties to carry out their work in a way that prevents danger, particularly where there is a risk of debris falling into neighbouring properties, otherwise they risk prosecution.

August 2019

This update was published in Legal Alert - August 2019

Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

A demolition company knocked down two houses and debris from the job landed in the garden of the property next door. A loss assessor visiting that property was taking pictures of the debris when he stood on a broken window panel and cut his ankle and Achilles tendon.

The Health and Safety Executive (HSE) ruled that the demolition company had a duty to do its work in a way that prevented danger, and it had failed to discharge this duty. It had failed to plan its work sufficiently and failed to erect a secure fence stopping unauthorised access to the site.

It was therefore found guilty of breaching construction design and management laws, fined £3,000 and ordered to pay £1,419.40 in costs.

Operative date

  • Now

Recommendation

  • Contractors working on building sites should ensure they are aware of and comply with their duties to carry out their work in a way that prevents danger, particularly where there is a risk of debris falling into neighbouring properties - or risk prosecution.

 

Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

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