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news
Bristol Harbour from M Shed (CC 2.0 BY SA licensed on Flicke by shrinkin'violet)Family of cyclist who drowned in Bristol harbour sue council for £1.5 million
The partner and two children of a cyclist who drowned in Bristol's Floating Harbour are suing the city council for compensation of up to £1.5 million.
The family of a cyclist who drowned when he fell into the Floating Harbour in Bristol are suing the city’s council for up to £1.5 million in compensation.
Sean Philips, aged 40, died in March 2013 after reportedly losing control of his bike as he rode to work at the Aztec West business park, reports the Bristol Post.
There was speculation that the wheels of his bike may have become stuck in rail tracks that run along the harbourside.
Two people who saw him fall jumped into the water but were unable to save him.
Mr Philips, who had a prosthetic leg, had been heading towards the Prince Street Bridge when he fell into the water close to the MV Balmoral and the M Shed museum.
He left behind two children and his partner, Hayley Liddle, is suing the council, saying that there should have been a barrier on the harbour wall.
It is also alleged that warning signs were in the wrong location, were too small and could be easily overlooked, and that the council failed to conduct a risk assessment regarding the possibility of people falling in the water.
At a pre-trial hearing on Monday at the High Court in London, Judge Veronique Buehrlen QC revealed that damages were being sought of between £1.1 million and £1.5 million.
Describing the case as “a serious claim arising out of a serious tragedy,” the judge ruled that the family would be able to rely on expert testimony from an accident reconstruction engineer, saying it would “assist the court.”
The council had argued that the witness had gone beyond her remit by making remarks about waterside safety features elsewhere, and that she was unqualified to give evidence on issues such as risk assessment or whether the signage was adequate.
But the judge said the expert's testimony would "assist the court" and opened the way for it to form part of the family's case.
The case is unlikely to go to full trial until later this year, with the council now needing time to gather its own expert evidence.
In 2014, an inquest into Mr Philips’ death heard that concerns over train and crane tracks at the harbourside had been raised in a risk assessment carried out in 2003.
> Inquest into death of drowned Bristol cyclist hears council didn't act on safety warnings
An independent risk assessment, conducted in 2012, recommended that safety barriers be installed, but the council was said to have rejected the idea.
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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42 comments
Like I said upthread: there are still tram rails/tracks around the back of the M Shed and you can still get a wheel caught in them and come off - the only difference is you'll fall onto tarmac and get run over by a car instead of falling in the water..
They're not totally hazard free admittedly but they are partly filled in in the centre aren't they - pretty sure they are no longer fit for a train to go down? Certainly better than the ones by Brunel's buttery and round the front of M-shed which are several inches deep - you need to hit them at quite an angle to go over safely, which is difficult around all the pedestrians. Not much of a problem around the back.
Family loses a bread winner due to corner cutting and negligence, least they deserve!
I disagree, though it is a tragedy, but I don't think they should be awarded that amount (not from tax payers pockets anyway).
That area is a known danger for cyclists and there have been clear signs there for as long as I can remember. Yes, the council could have done more and now have, which might count against them in court, but I think that cyclists should take care if they decide to cycle despite the signs.
If the accident had been caused by lack of maintenance, then I'd change my mind.
It does seem like an awful lot of money, but presumably that's what they've been advised to ask for - more likely it will all be settled out of court for a far smaller amount.
I'd still like to hear the council's explanation for ignoring the risk assessment, mind...
I thought those comments weren't too bad considering how toxic they usually are.
Oh shoot! I've just ignored Brooksby's warning - can I sue him now?
Please don't!
Have to say I tended to agree with the comments - I'm sorry he lost his life, but it was an accident and not the council's fault.
Except that...
...which means the council at least has to explain itself, I'd think.
Especially as they've now - only *since* Mr Philips' death - put a gate across there and said no cyclists should go along there (diversions around the back of the M Shed, so there are still tracks for you to get caught in and come off, but you won't fall in the water...).
If anyone chooses to visit the Post site to read their story, do not - I repeat: DO NOT! - read the comments below the line...
If you're going to say that then obviously everyone is going to read the comments. Silly thing to say.
I know, but a trigger warning is generally still appropriate for the comments on any article in the Bristol Post which mentions cycling... We have some right Neanderthals here!
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