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Masonry saw left turned on in the middle of road.

  • 16-12-2017 9:48am
    #1
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭


    Just a quick one

    Neighbours of ours are getting work done in their back garden by adding thick stone tiles to their patio.

    The work is being done on the road in front of their house, so say the path and on the road. The van is parked their and the builders are using big handheld masonry saw that runs petrol. Once they cut a tiles they leave it running on the road and go out the back garden to place the tiles.

    This looks very dangerous and any child can just wander over to this. If they were in a hypothetical scenario to injure themselves due to this, who is negligible? The builders or the neighbour for hireing them?

    I think they will be to finished today so the danger will be gone but I'm just curious


Comments

  • #2
    TheChizler
    Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Non-legally infirmed opinion but I'd imagine the builders, which is why you should always hire someone with public liability insurance.


  • #3
    Melodeon
    Registered Users, Registered Users 2 Posts: 2,513 ✭✭✭Melodeon


    Disclaimer: IANAL

    From your description it sounds like someone is fitting paving slabs at the back of the house, and is leaving a running consaw unattended and accessible to the public out the front?

    This is the sort of thing the HSA live for: http://www.hsa.ie/eng/


  • #4
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    I managed to catch them in the act so people can see what I mean.

    Cowboys

    Liability through the roof here

    https://youtu.be/JvZ80BcZbAM

    *edit*It's blurry for 5 seconds and then its fine


  • #5
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    They are lucky it wasn't stolen!


  • #6
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    my3cents wrote: »
    They are lucky it wasn't stolen!

    Should be least of their worries id say


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  • #7
    Couchpotato82
    Registered Users, Registered Users 2 Posts: 50 ✭✭Couchpotato82


    They are using a consaw. The machine needs a safety button pressed as well as a trigger pulled to operate. When it’s unattendes it’s ticking over.
    Blade isn’t turning in this state. Someone would have to actively try to activate it in order to injure them selves.

    You’re worried over nothing.


  • #8
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Couchpotato82 wrote: »
    They are using a consaw. The machine needs a safety button pressed as well as a trigger pulled to operate. When it’s unattendes it’s ticking over.
    Blade isn’t turning in this state. Someone would have to actively try to activate it in order to injure them selves.

    You’re worried over nothing.

    Thanks for this.

    So some amount of danger is gone.

    Still leaving it their like that though can't be good?


  • #9
    Couchpotato82
    Registered Users, Registered Users 2 Posts: 50 ✭✭Couchpotato82


    lifeandtimes wrote: »
    Thanks for this.

    So some amount of danger is gone.

    Still leaving it their like that though can't be good?

    Yeah it’s probably not best practice but the alternative would be to have to pull start it every single time a cut has to be made.
    It’s not great for the machine to be constantly stop/started so I can see their point in leaving it tick over when not in use.


  • #10
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    lifeandtimes wrote: »
    I managed to catch them in the act so people can see what I mean.

    Cowboys

    Liability through the roof here

    https://youtu.be/JvZ80BcZbAM

    *edit*It's blurry for 5 seconds and then its fine

    Why is he doing it on the public road instead of the customers driveway?
    I had a tradesman here with a similar saw and he did it in my front garden.


  • #11
    James 007
    Registered Users, Registered Users 2 Posts: 962 ✭✭✭James 007


    splinter65 wrote: »
    Why is he doing it on the public road instead of the customers driveway?
    I had a tradesman here with a similar saw and he did it in my front garden.
    Why didnt you get him to do it in the neighbours garden instead.


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  • #12
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    splinter65 wrote: »
    Why is he doing it on the public road instead of the customers driveway?
    I had a tradesman here with a similar saw and he did it in my front garden.

    Probably so they don't have to bother cleaning the mess up? Plus no one is likely to complain about a few consaw cuts in the road but they would on a driveway.


  • #13
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    James 007 wrote: »
    Why didnt you get him to do it in the neighbours garden instead.

    MOD; Offensive remark deleted. Let us be nice to each other, pls.
    Remember Santa's elves are watching everywhere.


  • #14
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Couchpotato82 wrote: »
    They are using a consaw. The machine needs a safety button pressed as well as a trigger pulled to operate. When it’s unattendes it’s ticking over.
    Blade isn’t turning in this state. Someone would have to actively try to activate it in order to injure them selves.

    You’re worried over nothing.
    Until somebody activates it, and someone is injured. Then it's something.

    If this is the kind of thing that a moderately bright, active or curious child of any age could activate then, yeah, it's absolutely dangerous to leave it powered on and unattended in the street.


  • #15
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    If there was an accident of the type anticipated by OP there would be a reasonable prospect of a finding of negligence based on the facts. This would be more particularly so if the injured party was a passing child.

    Primary liability would rest on the negligent contractor.

    Generally speaking, a principal [householder for whom work was being done] is not vicariously liable for the negligence of an independent contractor. However, there are some exceptions to this such as creation of dangers in the highway or undertaking work that is inherently dangerous and a few others.

    On balance, I would expect the contractor to be liable.


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