Last edited 24 Feb 2025

Accident

An accident is an unexpected event, typically sudden in nature and associated with injury, loss, or harm. In terms of construction, accidents can relate to property damage as well as personal injury.

Legally, accidents might be sustained as a result of tasks relating to a building or other built asset, such as constructing, improving, repairing, cleaning or demolishing. The unforeseen or unintentional damage that has occurred to the person or item which results in a loss of function might be referred to as accidental damage. The most common construction accidents which make up 35% of all incidents are falls, these often occur from scaffolding, ladders, roofs, chimneys, etc.

A large number of mechanisms and policies are in place on construction sites to try to tackle and reduce the number of accidents in the workplace and the impact these might have on people and property. Such examples are Health and Safety procedures, Construction (Design and Management) Regulations (CDM), The Personal Protective Equipment ( PPE) at Work Regulations 2022, toolbox talks, first aiders, accident reporting, accident log books, permits to work, risk assessments and method statements and so on.

Whilst accidental damage refers to damage that is not wilful or deliberate and caused by a 'chance' event, deliberate or willful damage refers to intentional damage. This may be considered a misdemeanour, it is unlawful and can lead a prison sentence. Negligence is a term that may be discussed in association with accidents, referring to whether said accident occurred because of carelessness or lack of duty of care.

Force majeure are extreme events that are beyond the parties' control. Types may sometimes be listed in a construction contract. Some specific forms of accident might be included as well as acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God.

Many cases exist where the lines between purely accident damage and damage through neglect or poorly exercised duty of care are unclear.

In many cases some form of insurance will be taken out to cover any potential liability to persons or organisation that are responsible for property, site or workers.

Damages refers to the monies that might awarded to an injured party for a personal injury or some form of loss in compensation cases. There are two general categories of damages: general damages and special damages, also referred to as non-economic and economic damages.

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