I expect them to pay. Hopefully they will do so. While there are some bogus claims is you have a time date, location and receipt for the necessary repairs I expect they will pay This sort of beurocratic nonsense makes my blood boil. kits meaningless and designed as an unescessry veiled threat and put off which is unhelpful and not required when there is a clear case of negligence damage. Please feel free to quote me and my qualifications in your correspondence.
It is clearly and unequivocably the case that using and unguarded high speed rotary machine next to a live highway is highly likely to result in flying debris that is also highly likely to cause damage to any passing person or pedestrian. To avoid the risk of such damage a 30m safety zone would be required. In absence of a safety zone a double layer barrier of fine mesh could easily be used.
HSE have been involved in risk assessments Dereham (Norfolk) for strimmers and stipulated to me personally that the risk from flying debris must be assessed and adequately controlled. Use of a strimmer in Norwich in the vicinity of the old hospital caused a serious injury to a pedestrian, so these things are clearly known to occur as this was reported to HSE and is public record.
In my experience damage incidents are a regular occurence where strimmers are used near highways. Correct operation and careful application of sensible usage techniques will help to reduce risks. All opperatives MUST be trained and training should clearly an vigourously direct that operatives must pause work when people or traffic passes by unless suitable safety netting is in use. There will be occasions when operator error means this does not take place in such cases liabilty must be accepted and the insurance company informed accordingly. My experience again is insurers may refuse to cover this risk in which case the activity clearly has a high risk and is indefensible. The the operating company liable how they fund compensation is irrelevant.. Insurance is a statutory requirement and does not come from public funds, an employer conducting an activity without insurance cover must be in breach of the law.
In my experience we decided to use strimmers with good training and supervision but to pay claims for broken glass as long as a reasonable link was clear and unless there was a reasonable ground for suspecting a fraud. Providing aclaimant can show that the damage took place where the machine was oin use and the claim is reasonable, there is no reason for it not to be paid.
If they dont pay your costs take them to the small claims court. They will loose the case.
Peter Cresswell B.SC Horticulture.
Chartered Safety Practitioner (retd.)
20 years experience. Highways and Horticultural Maintenance sectors.
Worked as best practice advisorwith HSE on highways
30 Years grounds and grounds maintenance management and latterly Safety Management.
Worked as best practice advisor with HSE and Highways Agency. (They may have forgotten the discussions, I have not and will be happy to recount them.)
Highways and High speed roads advisor.
