Scaffolding Collapse Accident Compensation Claim

Settlement reached after Defendants blamed each other for the collapse of scaffolding at an old shopping centre.

Our client was on holiday in the UK. She was walking along the street and suddenly an extensive part of the scaffolding on the construction site at an old shopping centre collapsed and pieces of it fell onto her.

The old shopping centre was occupied by two companies. The First Defendant managed the site, and the Second Defendant was carrying out demolition works at the time of the accident. Both Defendants denied liability and blamed each other for the collapse of the scaffolding.

In this situation, the claim had to be submitted in turn to both parties to see who will accept responsibility and deal with the claim. This is what we see happen all the time. Insurers are always looking for ways to avoid paying or, if they cannot avoid paying out completely, they look to see if there is another company who can be blamed as well so that they share the liability.

In this case, the two companies involved continued to blame each other leaving the Claimant no option but to take both to court.

Who is responsible for safety on construction sites?

Quite often there will be arguments about what a construction contract said as to who was in overall control of the site, much of which is not relevant to the Claimant.

Construction works are governed by regulations known as the Construction, Design and Management (CDM) Regulations and they set out who is responsible. More often than not, one contractor, the main or principal contractor is the party who is in control of the site.

The Claimant only has to win against one company to be successful but for the insurers it is about trying to avoid paying or reducing what they have to pay out.

In this case, after proceedings were issued, both companies agreed to settle the claim jointly.

Issuing proceedings had the effect of concentrating the minds of the insurers to consider their position. Before issue of proceedings, they could maintain their positions but once the case goes to court, sooner or later, good sense prevails, and the claim is settled.

Levenes have many years of experience of dealing with construction site accidents like this. Once a Defendant blames another Defendant, there is always a delay as you have to give the new Defendant time to respond. However, experience shows that issuing proceedings at court is the way to knock heads together to resolve the case without having to go to trial.

Scaffold Compensation Claims

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