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Court Summary - at a glance
- Undertake a risk assessment to identify the risks to the public posed by the damaged footpath.
- Adequately manage/control the risks posed by the damaged footpath by blocking off the damaged footpath, using cones and establishing an adequate alternative pedestrian access way pending remediation.
- Develop, implement and communicate a site access plan.
On 2 March 2017 a concrete slab pour was arranged. A section of temporary fencing was removed and concrete pump trucks drove through the gap in the fence, entering and exiting the site over the temporary footpath.
The temporary footpath was not risk assessed or checked for damage before or after it was used by the concrete pump trucks.
On 6 March 2017 the victim was driving his mobility scooter when he approached the damaged section of footpath. His scooter tipped and he fell. The victim died at the scene as a result of head trauma.