Who is responsible? Builder or Council.?

Question

A house is being built in the village where is live. This backs onto a council owned playing field. Just outwith the boundary fence of the new build in the playing field a hole has been dug for pipework. My daughter fell in the hole on Tuesday which has resulted in a large laceration to her face which required stitching. She is going to be left permanently scarred. I have been passed from pillar to post between the Council, Health & Safety Executive and now the builder. Who is responsible?

Answer 1

You can get a free 30 minute consultation with a solicitor to establish this.  I would think it is the Council.  I would put your complaint in writing to all three of them.  In the case of the council, establish who is in charge of Health and Safety, get their name and right to them personally.

Answer 2

The Council are responsible as they have a duty of care to ensure that a playing field is safe. Consult a solicitor without delay and take photos of your Daughter's injuries.

Answer 3

most solicitors offer a first consultation free of charge try and go to one that can be recommended to you do this soon as this WILL take a long time . as for responsibility the solicitor will advise you of this but this my need to be decided by a judge .

Answer 4

The owner of the land is primarily responsible and the party you must deal with.  They may or may not have a contract or have granted permission to someone else who actually undertook the work, but this is not relevant to you.

See a solicitor or go to Citizens Advice.

Answer 5

I would contact a solicitor.  They will tell you whether you will have a case.

Was the hole fenced off in any way, or covered?  

Did your daughter have any right being in the field?

I know I may be sounding a bit  facetious but there is no doubt that they will look at every avenue before deciding whether you have a case or not.

But I would also take photo's of your daughter's injury, the area where the hole is to help you.

Also keep a diary of any medical visits that you have done.

Good luck with getting this matter sorted.

Answer 6

The Council.  They are responsible for the safety of people on their land.  It's their responsibility to make sure that builders do their job properly.  Get your solicitor to claim damages for the injuries and punitive damages for failing to deal with your complaint.

Answer 7

They will pass you post to post in the hope you will get bored and drop it, contact a solicitor and get them to ruffle there feathers, one will produce something to blame the other and then sue them. Holes should be covered especially in areas with children, there lucky it wasn't a very small child or an elderly person causing serious damage.

Answer 8

Just go to a solicitor and get them to deal with it.

Answer 9

If a hole is dug in a public place and it has not been fenced off and warning signs displayed, then the Builder is responsible for not ensuring the safety of the public.