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  1. #1

    Default Is this fair? Building company to pay 200K for broken footpath resulting in death!

    Just wondered what peoples thoughts were on this? As there are plenty of these situations around everywhere where there is building work going on.

    A man fell off his mobility scooter in 2017 due to a broken footpath and died , the building company has been forced to pay 200K

    https://www.stuff.co.nz/business/108...bility-scooter

  2. #2

    Default

    This is taking H&S too far. I was pushing a pram down the street yesterday it was rubbish day for one of the 3 companies that collect, or glass recycling or mixed recycling or something. With all these different collections there is always one type of bin or the other awaiting collection.

    The bins were all over the footpaths where there was no berm to put them on. Based on the news article the bin company would be held responsible should their slalom course have caused my child any injuries.

  3. #3

    Default

    More H & S requirements... Building costs will go up...

  4. #4

    Default

    I see plenty of footpaths around that have been unavoidably damaged during building work but the goal is upon completion to remedy and put right.
    It seems ludicrous to me that the building company has been fined in such a heavy handed way .
    So this means the council can be sued if someone trips over a crack in the pavement for thousands of dollars?

    More here on it :

    https://www.stuff.co.nz/auckland/901...ll-victim?rm=m
    Last edited by mrsaneperson; 26-01-2019 at 04:37 AM.

  5. #5
    Join Date
    Sep 2011
    Location
    Dunedin
    Posts
    1,643

    Default

    wait till somebody's grandma trips over a Lime Scroter left blocking the footpath and carks, see who pays

  6. #6
    Join Date
    May 2007
    Location
    Hamilton
    Posts
    3,518

    Default

    Quote Originally Posted by Don't believe the Hype View Post
    This is taking H&S too far. I was pushing a pram down the street yesterday it was rubbish day for one of the 3 companies that collect, or glass recycling or mixed recycling or something. With all these different collections there is always one type of bin or the other awaiting collection.

    The bins were all over the footpaths where there was no berm to put them on. Based on the news article the bin company would be held responsible should their slalom course have caused my child any injuries.
    I would say the householder is liable as they put the bin there. Or I suppose if the bin has been emptied and put back by the bin company, then is bin company fault. OVERALL - a user of the foot path should be able to easy see the bin and move the bin, so I think the bins would struggle to cause an injury.

    I think some health and safety is good, ie if it can reduce injuries. Building companies shouldn't be leaving footpaths in a dangerous state at any stage of the build. If they are, then they should be fenced off or very well marked. If building companies aren't doing this, then they aren't meeting reasonable health and safety obligations and should be liable.

    From Stuff article "The investigation also found that it would have been reasonably practicable for YSB Group to block off the damaged footpath, establish a safe alternative route for pedestrians and to have developed, implemented and communicated a site access plan."

    Ross
    More Profit from Property? TEACH ME MORE
    Ross Barnett - Coombe Smith Property Accountants
    Proud to give the best property advice for over 13 years.

  7. #7
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,148

    Default

    I think is way over the top.

    That footpath looks like it was temporarily repaired quite well actually.

    Seems the old guy was going too fast, being careless.

    But hey, we can't expect people to be responsible these days can we? We have to protect them from anything and everything they might do.
    Squadly dinky do!

  8. #8

    Default

    Quote Originally Posted by Rosco View Post
    I would say the householder is liable as they put the bin there. Or I suppose if the bin has been emptied and put back by the bin company, then is bin company fault. OVERALL - a user of the foot path should be able to easy see the bin and move the bin, so I think the bins would struggle to cause an injury.

    Ross
    what if I wasn’t pushing a pram but I was on crutches or in a wheelchair. I saw this exact thing happen to a poor fella in a chair... trying to navigate around a bin ended up tipping his chair and falling out. I stopped my car to help him up.

    Had he been seriously hurt a fine for whom?

  9. #9

    Default

    Quote Originally Posted by Davo36 View Post
    I think is way over the top.

    That footpath looks like it was temporarily repaired quite well actually.

    Seems the old guy was going too fast, being careless.

    But hey, we can't expect people to be responsible these days can we? We have to protect them from anything and everything they might do.
    Maybe every work site needs a concierge to help people past and manage all other risky situations.

  10. #10

    Default

    I hope the company appeals the decision for the benefit of all Kiwi's. The judgment on this is way out of perspective.

    There are footpaths i observe everywhere where building work is going on that would fall foul of this .


 

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