Events v Bridge...

[Sweetcase]

HI, I'm Maria

I have a problem which I really need your help with

What happens if a crane crashes into a bridge and the following issues happen during the repair works?

The road on which the bridge crosses has been closed for repair works to enable the workers to have a safe working environment. The workers completed a number of small local concrete repairs to the soffit of the bridge. A series of events occurred after the site closed for the evening.

1) Here a piece of concrete that had been used to repair the bridge fell and landed on the road below. This part of the works was completed just before the site closed and so was not inspected by the Highways Department. Luckily nobody was injured and the road surface was undamaged.

2) Just a short time after event 1 an adjacent concrete repair fell to the ground. This time the lump of concrete fell and narrowly missed a duck that was resting on the road surface. A mother and a young child witnessed the event and, because the young child believed the duck would be harmed by the concrete, he became hysterical. The local radio have interviewed the mother and she has indicated she wishes to sue the Highway’s Department for the distress caused to her son.
This part of the works was completed at lunchtime and inspected soon afterwards by the local authority. The repair appeared to be satisfactory at the time of the inspection.

3) Late at night yet another concrete repair fell. This time however it landed in front of a car as it was travelling along the road, forcing the driver to swerve and skid into the central reservation. The owner of the car, who is the father of the young child mentioned in Event 2, claims that there was no signage indicating that he was forbidden from joining the road near to the bridge. He has asserted, in the strongest terms, that he intends to sue the Highways Department to pay for the damage and associated costs to have his car repaired. He also intends to sue for loss of income as he is a self employed taxi driver.

What would you advise, if your client was facing these possible law suits?

Many thanks and best wishes, Maria xx

[brian]

This sounds like a legal examinations test.