Rebecca's Rambles…

Summary

This report investigates a compensation claim by Mark Myers, 17, who broke his leg due to a faulty section of pavement in Denby Street, Newhampton. The Chairman of the Newhampton Shopkeepers’ Trading association also issued a complaint about the pavements in this street.

After investigating the validity of the claim, it was identified that it was the faulty section of pavement that was the cause of Mr Myers accident. The contractors, Thompson Tarmacadam were found to have resurfaced the pavements to an unsatisfactory standard and they did not comply with the legal contract agreement. They also failed to inform the council that they had completed the underground conduits and resurfacing of pavements.

It was concluded that Thompson Tarmacadam are to pay the sum of £1400 to Mark Myers for the costs incurred since his accident. The council are to contact Thompson Tarmacadam immediately to rectify the pavements in Denby Street before 20 March 2010, or further legal action will be taken. The council are recommended to employ a different contractor before the end of March 2010. It was also recommended that the council are to ensure contractors are under full supervision in the future to prevent further occurrences and written confirmation is sent fortnightly from contractors to the council on work progress when work is being undertaken.

1 Terms of Reference

1.1      The objective of this report is to investigate a compensation claim and a complaint in Newhampton.

1.2      The report was requested by Mr Smith, Chief Highways and Transportation Officer.

1.3       The purpose of this document is to make recommendations for action by the Chief and Highways Transportation Officer.

1 Introduction

1.1      This report is an investigation into a complaint and a claim for compensation. Full time student, Mark Myers, 17, has a total claim of £1000 for costs incurred since the accident on 1 February 2010 in Denby Street, Newhampton. This investigation will determine what compensation should be awarded to Mark Myers, who is liable and what action needs to be taken. A complaint from the Chairman of the Newhampton Shopkeepers’ Trading Association is to be investigated alongside the compensation claim. The complaint is about an area which is a safety hazard and that the council had assured him the contractors, Thompson Tarmacadam, were contracted to resurface pavements six months ago in Newhampton following completion of work on underground conduits but there are no further records.

2 Methods of Investigation

2.1      The student claiming for compensation Mark Myers was interviewed about what happened during his accident on 1 February 2010 and the effect on his life afterwards; the disruption to his life style and loss of earnings.

2.2      Thompson Tarmacadam was contacted about the programme of work on the underground conduits and the rescheduling of pavements. They were asked what work had been completed and what work was outstanding.

2.3      The Chairman of the Newhampton Shopkeepers’ Trading, Mr Jones, was contacted about the safety hazard location in his complaint.

2.4      Health and Safety Officers were sent to the location recorded in the compensation claim and complaint. Two hours were spent in Denby Street, making observations and taking notes.

3 Findings

3.1      Mark Myers on 1 February was in Newhampton shopping by himself. He was walking down Denby Street when he tripped over a faulty section of pavement outside the nightclub, Halogen and broke his leg. He had not been under the influence of any alcohol or drugs and was not ill or unwell at the time. Mark Myers has provided evidence for costs and expenses since the accident. See Appendix 1 for the full list of figures and total to be awarded for the compensation claim.

3.2      Thompson Tarmacadam were contacted about their programme of work and confirmed they had completed the underground conduits on 31 December 2010 and resurfacing had been completed on 5 January 2010 in Newhampton. Thompson Tarmacadam apologised for not informing the council of the completion of these two contracts.

3.3      The Chairman of the Newhampton Shopkeepers’ Trading, Mr Jones, reported the safety hazard area was in Denby Street in Newhampton.

3.4      The pavements in Denby Street were observed and notes described the pavements as in poor condition. The pavements were uneven and had small pot holes.

4 Conclusion

It is concluded that:

4.1      Mark Myers is to be paid the sum of £1400 compensation money for the accident on 1 February 2010 in Denby Street. (See Appendix 1)

4.2        Thompson Tarmacadam failed to meet Health and Safety standards resurfacing the pavements in Denby Street. The work completed was unsatisfactory and has been the cause of an accident. Thompson Tarmacadam failed to communicate and inform the council the progress and completion of work.

5 Recommendations

It is recommended that the following immediate action is to be taken:

5.1      The council is to recover £1400 compensation money from Thompson Tarmacadam to be awarded to Mark Myers.

5.2      Thompson Tarmacadam are to rectify the defect, Denby Street, before 20 March 2010 or further legal action will be taken.

5.3      The council is to consider alternative contractors and Thompson Tarmacadam are not to be used in the future.

It is recommended that the following long term actions are considered:

5.4      The council need to improve communication with contractors. Written confirmation is sent fortnightly from contractors to the council on work progress when work is being undertaken.

5.5        The council need to provide appropriate supervision of contractors to ensure work is being completed to a satisfactory standard and work programmes are being followed.

6         Appendix

Student – Mark Matthews, living in the nearby village of Lesser Brockhampton

Case Number – 250AH

The student is 17 and attends the local College of Further Education in Newhampton. This accident, which occurred at the start of the autumn term, is said to have disrupted his education considerably:

• he missed the start of term and the first weeks of his course;
• he still has to miss classes on Thursday mornings when he attends physiotherapy at the hospital;
• He planned to drive into college each day but since the accident he has been unable to drive.  None of the other students live near him and as he is not on any bus routes he has had to use taxis twice a day to travel the twenty miles into college to continue his course.

Taxi each day = £40

£40 x 5 days = £200

£200 x 4 weeks = £800

• He has lost his evening job in a supermarket where he was employed for three hours each evening. He planned to use this money to help pay his college expenses.

Work each evening = £20

£20 x 4 nights = £80

£80 x 4 weeks = £320

• He has also had to replace his glasses and his mobile phone which were broken in the fall.

Glasses being replaced = £60

Phone being replaced = £120

• He was taken to hospital by ambulance that night but had to pay for a taxi home after his leg had been set in plaster.

Taxi home = £15

• Further disruptions to his life include having to sleep downstairs as he cannot manage to get upstairs to his bedroom and missing out on playing football both at weekends and for the college team.

Membership to his football club per month = £85

Total amount= £1400