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

[mrsaneperson]

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/108490780/building-company-to-pay-200k-after-elderly-man-dies-after-being-hurled-off-mobility-scooter

[Don't believe the Hype]

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.

[GLin]

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

[mrsaneperson]

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/90127870/bystanders-efforts-couldnt-save-mobility-scooter-fall-victim?rm=m

[jimO]

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

[Rosco]

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

[Davo36]

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.

[Don't believe the Hype]

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?

[Don't believe the Hype]

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.

[mrsaneperson]

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 .

[Rosco]

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 .

Didn't someone die! Are you saying that $200k is too much for a persons life?

What if it had been your spouse, child or father who died!


At the end of the day, if the footpath hadn't been damaged, would that person still be alive?

NOTE - picture could be of another site or at another time.

Ross

[Davo36]

Well I was very much relying on that picture. Surely that must have been a photo of the site at the time of the crash?

[Rosco]

Article was Nov 18, so maybe a picture then? Or at least a few days later when lots of cones had been put in place.

Even if the picture was at time of crash, who is better to make the call on their being an issue. Us looking at picture, or the investigation experts who could see the whole scene and circumstances.

[mrsaneperson]

How safe is safe?
You cannot just make a call that everything in this world has to be 100% safe ,its unrealistic and the time,energy and cost factor involved in doing so creates far more deaths in the process as costs and stress levels rise exponentially . Everything has perspective.

[Meehole]

Hey as a contractor we have to ensure we meet the H & S requirements on all our jobs so why should this company not have to?? Always included in the cost of doing the job.