On 24 April 2022, Mrs Fannon was walking along the A19 Bootham Lane in York when she tripped over a concrete slab left on the pavement. The fall resulted in a mild head injury, a significant soft tissue injury to her cervical spine, and psychological distress. This incident highlights an important issue: the responsibility of contractors engaged by local authorities to ensure public safety when carrying out works.

The incident and legal pursuit

The local authority had hired a contractor to carry out works in the area. However, due to a delay in receiving a bollard that was needed, the contractor left a hole in the pavement and covered it with a paving slab. They claimed to have also placed a cone on top and cordoned off the area, but no evidence supported this. At the time of Mrs Fannon’s accident, only the paving slab was present, creating a clear tripping hazard.

Following the accident, the contractor temporarily filled the hole while waiting for the bollard, demonstrating that they were aware of the potential hazard yet failed to take adequate precautions beforehand. Despite this, the contractor denied liability throughout the legal proceedings. Nevertheless, the claim, pursued by Switalskis, was settled for a five-figure sum shortly after the contractor’s legal team filed their defence.

Contractor responsibility under UK law

This case underscores the legal duties imposed on contractors carrying out works for local authorities. In the UK, several laws and regulations govern contractor responsibilities:

1. Health and Safety at Work etc. Act 1974 (HSWA) Under Section 3 of the HSWA, contractors have a duty to ensure, so far as is reasonably practicable, that their work does not expose members of the public to health and safety risks. By leaving an unsecured slab on a public footpath, the contractor in this case failed in this duty.
2. The Construction (Design and Management) Regulations 2015 (CDM Regulations) These regulations require contractors to manage risks effectively and ensure that temporary hazards (such as an uncovered hole or an unsecured slab) are mitigated.
3. Occupiers’ Liability Act 1957 Although this Act primarily applies to landowners and occupiers, local authorities and their contractors must take reasonable care to ensure premises (including pavements) are safe for lawful visitors.
4. The Highways Act 1980 Section 41 places a duty on highway authorities to maintain public highways. While the local authority may delegate work to contractors, liability can still arise if those contractors fail to keep the area safe.

Lessons from the case

This incident highlights the importance of ensuring safety measures are properly implemented and documented. Contractors must:

• Conduct thorough risk assessments before leaving temporary hazards in public areas.
• Clearly document any safety measures taken, such as cones, barriers, or signage.
• Ensure temporary solutions, like covering holes, do not introduce new hazards.
• Take immediate remedial action if a safety concern is raised.

Conclusion

The settlement of this case reinforces the principle that contractors working on public projects must adhere to stringent safety standards. Failing to take reasonable precautions resulted in significant injury and financial consequences for Mrs Fannon. Local authorities must ensure that their contractors comply with health and safety laws to protect public welfare and avoid costly legal claims.

If you or someone you know has suffered an injury due to contractor negligence, seeking legal advice can help ensure accountability and compensation for any harm caused. Call us on 0800 1380 458 or email help@switalskis.com