HSD2: You are the Safety Manager for a medium-sized events management company in England: Personal Injury Liability and Absence Reduction Coursework, Ireland

Scenario

You are the Safety Manager for a medium-sized events management company in England. The company specializes in setting up large-scale events such as festivals. conferences. ceremonies. weddings. formal parties, concerts, or conventions.

Last October, a local council asked your company to set up a Farmer’s Market in the square outside the town hall. The event was intended to run from mid-day on the Friday through to the Sunday evening, and your company was responsible for setting up the stalls, the seating areas and the boundary scaffold towers.

It takes several hours to set up these events, so the installation team arrived early on the Thursday. The team decided to install a very large vinyl -entrance- banner between the two scaffold towers just within the site boundary. Installing small strip banners between the scaffold towers is standard practice for such events and the towers were erected in such a way to allow this. but this was the first time such a large vinyl banner had been installed.

In the afternoon, the installation team noticed a few gusts of wind catching the very large banner but decided this was not of concern. The team completed their installation, locked and secured the site to prevent the public from entering, and returned the equipment to the depot.

The following morning, the wind had increased in intensity. At around 10.30am, a purled tour group was passing through the square and stopped close to the entrance of the locked market. At that moment, a particularly strong gust of wind caught the very large ‘entrance’ banner. which began to act as a sal. The scaffold tower began to tip. and a few people at the hark of the group screamed. and tried to move out of the way.

During this panic. a member of the tour proup,lason. tripped over. seriously Injuring his arm and damaging beyond repair his new E1500 camera.

Task

Prepare a report for the Finance Director of the events management company, in response to their request below.

You have received this email from the Finance Director:

1 am emailing about the accidents at the Farmer’s Market a few weeks ago.
We have not yet received any claims from the two individuals who were injured, however I would like you to provide me with a report setting out our potential financial exposure if, or more likely when, the two injured people start a claim against us.

I know that our insurance company and solicitor will get involved when a claim actually arises, but I need to get an idea of the likelihood of a civil claim being successful, and if so, what our liability would be. This is because I will need to keep that amount of money in our reserves to be able to pay any claims.
I don’t really understand the law in relation to civil claims, so I would be grateful if you could explain this in the report.

Please include: 1. A brief summary of our duties in civil law. 2. For each claim, if you think that we would be liable for the injiirint and why. 3. Very roughly, how much compensation do you think each person is kkely to be awarded?

4. Looking at our insurance policy, how much money should I therefore keep in reserve to pay the compensation element of these claims?

Additional Information

Attached to this assignment are the following documents:

• Background information on the two injured persons. • Summary of company insurance policy.

You are not required to undertake any additional research on the technical requirements for temporary structures or wind loadings. You can assume that:

• This method of installation of the towers was accepted industry practice, and quite suitable for mounting small banners. • The towers were not suitable for the significant lateral forces from a large banner.

You are not required to undertake any additional legal research, other than that which has been covered in the learning materials to date.

You are not required to take into account state benefits. NHS costs, or smillar, when calculating damages. All financial estimates should be explained, and need only be very approximate.

You are not required to take into consideration any planning legislation in relation to the installation of banners and signs in public places.

.Assessment aterial. 1. Further information on injured parties Jason 25-year-old male. Injuries: Simple fracture to the right forearm. Prognosis: Will be in plaster for six weeks. After then should be a complete recovery, with no lasting effects. No psychological damage.

Occupation: Only last week he started working on a production line of a factory. Will be unable to work for six weeks. Average net weekly income: £700. Does not hold any loss-of-income insurance and will not receive any sick pay from his employer.

Sian 38-year-old female. Injuries: Simple fracture of the left femur, fractured jaw and a severely rli‘lccated left thumb. Prognosis: Complete recovery expected after surgery. Jaw requires immobilisation but complete recovery expected.

No psychological damage. Requires additional su000rt at home looking after her young family. Occupation: Stay at home mum. Receives no benefits Husband required a total of two weeks unpaid leave to support and look after family – he earns f900 net per week and does not hold any loss-of-income insurance.

Assessment material: 2. Insurance policy summary

Public liability insurance About this document This document is a summary of the insurance provided and does not contain the full terms and conditions of your insurance. Features and benefits

• Legal liability to pay claims and all associated legal costs for accidental bodily injury, loss or damage to material property, obstruction, nuisance or wrongful arrest in connection with the business.

• Includes cover for legal costs and expenses in connection with any alleged breach of statutory duty under health and safety. consumer protection or food safety legislation.

• Includes cover for legal costs and expenses in connection with any criminal inquiry into, or court proceedings brought against you, for manslaughter, corporate manslaughter, corporate homicide, or culpable homicide.

• Includes cover for your legal liability to pay compensation under the Data Protection Act.

• Includes cover for your legal liability for loss, damage, or bodily injury arising from any sudden or unexpected incident of pollution or contamination

• Compensation paid to you where court attendance is rot-lured of any director, partner, principal, or employee in relation to a claim that is covered by this insurance.

• Automatically includes cover for temporary employees up to a total of 50 man-days in any one period of insurance.