Accidents will happen
– but who is liable?
Tariva Thomas, Associate Solicitor at Wright Hassall LLP, uses a case study to show
that apportioning responsibility when an accident happens is not always straightforward
3.A manufacturer with an excellent track
record was identied. Because it was
exceptionally busy, it outsourced the
job to its overseas facility which, for
budgetary reasons, manufactured the
frame using the lowest grade galvanised
steel
4.The climbing frame was delivered
directly to the LA, without the UK
manufacturer or designer having
examined it
5.Giant angled anchors afxed it to
the ground
6.At the time of the accident,
the climbing frame was showing
signs of rust
7.The teenager did not know
she was allergic to the
chemical accelerator used in
the rubber ooring.
In order to pinpoint
responsibility, the
investigation will review the
parts played by the local authority, the
architect, the designer, the manufacturer
and the individuals.
Architect
It is unlikely that the architect will
be held liable, or partially liable,
for the incident. They fullled the
LA’s brief but had no authority to
insist that their design is used, or
to specify the manufacturer.
Designer
The designer’s role is more critical:
Did the designers have the requisite
experience and capability to design a
Attributing liability when an
accident occurs requires
careful consideration
when several different
parties are involved. Investigating
where responsibility lies entails an
understanding of each party’s role
and the extent to which each could, or
should, have prevented the accident
from happening.
Imagine a scenario in which a group
of bored 17-year-olds climb into locked
public park at 11pm to reach a children’s
playground. Ignoring the partially
obstructed sign informing users that
the playground is only suitable for ages
5 – 12, one of them climbs the steel
climbing frame which collapses. The
teenager falls to the oor below which is
made from a wet pour rubber compound.
She is allergic to a chemical accelerator
used in the wet pour ooring and goes
into anaphylaxis. She is hospitalised
where she is put into an induced coma.
Who is liable for the accident?
The investigation’s preliminary
ndings reveal that:
1.The architect who
designed the park specied
natural materials to comply
with the local authority’s
environmental policy. To
where several parties are involved
make the budget stretch further, the
local authority (LA) commissioned a lowcost
children’s playground
2.The playground designer, a start-up,
had never won a LA contract. To keep
their design within
budget, they
specied
galvanised
steel for the
climbing
frame
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