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Cleaning windows.

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  • 19-11-2017 4:48pm
    #1
    fatty pang
    Registered Users Posts: 326 ✭✭


    An occupant of a building is cleaning the windows from inside, reaches too far and falls out. Does the architect have a liability?


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    #2
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    fatty pang wrote: »
    An occupant of a building is cleaning the windows from inside, reaches too far and falls out. Does the architect have a liability?
    That depends,

    Who is the PSDP?

    And what does the DRA state regarding window cleaning?

    When the DRA was given to the glazing supplier/ contractor what did the glazing contractors DRA state re window cleaning


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    #3
    Metric Tensor
    Registered Users Posts: 3,724 ✭✭✭Metric Tensor


    The designers (all of them) should have identified potential risks on their design risk assessments and then implemented measures to prevent said risks. They should implement these measures in line with the General Principles of Prevention - which is a pyramid of measures which try to outline a sensible approach to addressing risk (e.g. the first step is to eliminate the risk if possible - but not putting any windows upstairs is rarely possible!).

    So everyone bears responsibility. Although to disagree with Bryan slightly the one person who may not share blame is the PSDP as his sole job* is to ensure communication between members of the design team (and also with the PSCS) in the context of addressing health and safety. So if the window designer's DRA points out a risk then the PSDP should be ensuring that all the other designers know of this risk and factor it into their deisgn process. (i.e. the role of PSDP is not a designer - however one of the designers often double jobs in which case they are of course a designer)

    In reality - everyone involved is going to get sued and the people who have insurance will end up splitting the cost between them with the percentages being decided (usually by negotiation but by the court if necessary). Last man standing applies though so if only one deisgn has insurance they will have to pay it all even if they are only 1% liable.

    Mind you - if the Safety file for the house identifies a safe way of doing something and the home owner ignores that method it SHOULD play out differently in court but I wouldn't guarantee it!!


    * Sole job in the context of DRA's I mean. He has other duties too. For example compiling the safety file. But again - in this context he/she is compiling other people's contributions - not issuing safety or risks assessments himself/herself.


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