Scaffolding on Right of Way

Section62

dottiec said:

Yes, this is the case.  I am wondering whether I should get advice from Environmental Health or Highways even. 

It would probably be a highways issue - they are responsible for safety on the highway, which would include work on adjacent land that could have a knock-on effect on the highway.  If the scaffolding goes onto the highway as well then they would need a licence from the highway authority.

(if they are doing work on the roof then there should be barriers/guarding on all sides, even if they don't need a working platform on the highway side)

FreeBear

dottiec said: The builder maintains the scaffolding will only be there for 6 days but there has been no maintenance done on the building for many many years and once it is up, I can imagine it remaining there for months.

Only up for 6 days - That's not going to happen. It took two weeks to have scaffolding removed when I last had some. And the removal was spread over a couple of days. Scaffolders are notorious for leaving the stuff on site until it is needed for another job. Saves them having to store it back at their yard.

The scaffolding I had was to allow for repairs to my roof. The job was only supposed to take a week, but ended up being over a month due to weather amongst other things.

sheramber

If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.

dottiec

sheramber said:

If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.

If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.

dottiec

FreeBear said:

dottiec said: The builder maintains the scaffolding will only be there for 6 days but there has been no maintenance done on the building for many many years and once it is up, I can imagine it remaining there for months.

Only up for 6 days - That's not going to happen. It took two weeks to have scaffolding removed when I last had some. And the removal was spread over a couple of days. Scaffolders are notorious for leaving the stuff on site until it is needed for another job. Saves them having to store it back at their yard.

The scaffolding I had was to allow for repairs to my roof. The job was only supposed to take a week, but ended up being over a month due to weather amongst other things.

I have used scaffolders in the past and they were extremely sloppy as far as health and safety are concerned.  I will try and establish the extent of the repairs they intend doing.  They might be intending putting new skylights in - who knows.  I am particularly concerned because of the different range of people and vehicles that could be involved.

BarelySentientAI

dottiec said:

sheramber said:

If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.

If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.

They already could - and it would have to be because of your negligence for them to be successful.

The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.

dottiec

BarelySentientAI said:

dottiec said:

sheramber said:

If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.

If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.

They already could - and it would have to be because of your negligence for them to be successful.

The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.

I am aware of this and am at fault for not having the road insured.  The cost has always put me off as it is a specialist area.  If a postman for example hurt himself on the private road he would have his Union behind him backing him - I have read of cases like this.  The slightest thing solicitors will encourage people to sue over.   I have not invited the scaffolders or roofers onto our road it is for someone else's convenience but should they break their leg falling on the road they may think they are entitled to sue.  

BarelySentientAI

dottiec said:

BarelySentientAI said:

dottiec said:

sheramber said:

If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.

If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.

They already could - and it would have to be because of your negligence for them to be successful.

The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.

I am aware of this and am at fault for not having the road insured.  The cost has always put me off as it is a specialist area.  If a postman for example hurt himself on the private road he would have his Union behind him backing him - I have read of cases like this.  The slightest thing solicitors will encourage people to sue over.   I have not invited the scaffolders or roofers onto our road it is for someone else's convenience but should they break their leg falling on the road they may think they are entitled to sue.  

No they won't.  It's not worth their time trying to take a losing case to court.

If you're really worried, insurance for something like that is £150 or so per year.

Anyone is "entitled" to sue anyone at any time for any thing.  The reason the occasional case gets mentioned in the news is precisely because they are so unusual (and it often turns out that the story is quite different from the headline).

Eldi_Dos

dottiec said:

BarelySentientAI said:

dottiec said:

sheramber said:

If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.

If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.

They already could - and it would have to be because of your negligence for them to be successful.

The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.

I am aware of this and am at fault for not having the road insured.  The cost has always put me off as it is a specialist area.  If a postman for example hurt himself on the private road he would have his Union behind him backing him - I have read of cases like this.  The slightest thing solicitors will encourage people to sue over.   I have not invited the scaffolders or roofers onto our road it is for someone else's convenience but should they break their leg falling on the road they may think they are entitled to sue.  

Do you have Legal Protection included in your house insurance, if so give them a call, may help assuage your concerns.

dottiec

BarelySentientAI said:

dottiec said:

BarelySentientAI said:

dottiec said:

sheramber said:

If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.

If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.

They already could - and it would have to be because of your negligence for them to be successful.

The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.

I am aware of this and am at fault for not having the road insured.  The cost has always put me off as it is a specialist area.  If a postman for example hurt himself on the private road he would have his Union behind him backing him - I have read of cases like this.  The slightest thing solicitors will encourage people to sue over.   I have not invited the scaffolders or roofers onto our road it is for someone else's convenience but should they break their leg falling on the road they may think they are entitled to sue.  

No they won't.  It's not worth their time trying to take a losing case to court.

If you're really worried, insurance for something like that is £150 or so per year.

Anyone is "entitled" to sue anyone at any time for any thing.  The reason the occasional case gets mentioned in the news is precisely because they are so unusual (and it often turns out that the story is quite different from the headline).

I absolutely don't agree with you on this.  Can you let me know where can I get this insurance for £150.