Public Liability Claims and Accidents on Temporary Structures

Temporary structures - such as scaffolding, stages, marquees, event platforms, site hoardings, seating stands and similar constructions used for limited periods - are ubiquitous in public and commercial settings. Because they are not permanent, these structures can present heightened risk if poorly designed, installed, maintained or supervised. When a member of the public is injured in an accident involving a temporary structure, a public liability claim may arise. In England and Wales, legal principles from occupiers' liability, negligence and health and safety law often intersect in these claims. This article explains how liability is assessed, the types of temporary structures involved, the legal basis for claims, evidence and time limits, and practical considerations for injured parties.

What Constitutes a Temporary Structure?

A temporary structure is typically any built element intended for short‑term use or interim function. Examples include:

• Scaffolding and access platforms used during building works.
• Marquees, tents and gazebos at fairs, festivals and outdoor events.
• Stages and audience stands for concerts or performances.
• Temporary bridges, walkways or crowd‑control barriers deployed for events.
• Site hoardings and signage erected for construction, roadworks or maintenance.

Although temporary, these structures must be designed, erected, maintained and managed to withstand reasonably foreseeable loads and conditions throughout their use. The Health and Safety Executive (HSE) emphasises that temporary works must be planned, checked and controlled, often by competent people specifically appointed for that task.

Legal Basis for Liability in Accidents Involving Temporary Structures

Two core legal foundations support public liability claims in this context:

Occupiers' Liability

Under the Occupiers' Liability Act 1957, an occupier of “premises” owes a duty of care to lawful visitors to take reasonable steps to ensure their safety. Importantly, “premises” can include temporary and mobile structures, such as scaffolding and ladders.

If an accident results from a hazard associated with a temporary structure that the occupier could reasonably foresee and prevent, the occupier may be liable. For example, failure to erect protective barriers around a raised platform, or allowing a platform to collapse due to inadequate maintenance, could constitute a breach of duty.

Negligence and Duty of Care

Beyond occupiers' liability, a general duty of care exists under common law. A duty arises whenever a defendant's actions or omissions create a foreseeable risk of injury to others. Where organisers or constructors of temporary works fail to plan or control hazards, their negligence can ground a claim.

In addition, specific safety regulations - such as the Work at Height Regulations 2005 and parts of the Health and Safety at Work etc. Act 1974 - impose duties on businesses and contractors to manage risks associated with work at height and structures, which can influence civil liability (for example, where the breach of statutory duty is relevant evidence in negligence claims).

Common Hazard Scenarios

Accidents involving temporary structures can arise in many settings:

Scaffolding Collapses and Failures

Temporary scaffolding must be designed, erected and inspected regularly by competent persons. If it collapses, falls or sheds pieces - whether at a construction site or over a public pavement - pedestrians can suffer serious injuries.

Marquee or Event Structure Incidents

Marquees, tents and stages are susceptible to wind, poor anchorage, overloading and uneven ground. Improperly secured temporary structures can collapse or shift, causing injury to users, performers or bystanders, particularly in adverse weather conditions.

Falling or Projecting Objects

Materials, tools, equipment and debris from or around temporary structures can fall or be tipped onto passers‑by. For example, objects dropped from scaffolds or loose components on walkways can cause head trauma or other serious harm.

Ineffective Barriers and Signage

Temporary site barriers and covered walkways are meant to protect the public around work areas. Inadequate barriers, missing signage or failure to cordon off dangerous zones can lead to slips, trips and more severe accidents.

Who May Be Liable

Liability often depends on control and responsibility for the structure and its environment at the time of the accident. Potentially liable parties include:

• Engineers or designers who created unsafe plans.
• Contractors and erectors who installed temporary works negligently.
• Business owners or site agents who failed to supervise or maintain safety.
• Event organisers who allowed unsafe temporary installations.
• Occupiers of land or premises where the structure caused harm.

Identifying the correct defendant is crucial, as liability attaches to those who owed a duty of care and breached it.

Evidence and Proof in Temporary Structure Claims

A successful public liability claim requires showing:

1. Duty of care was owed by the defendant.
2. The defendant breached that duty by failing to take reasonable precautions.
3. The breach caused the claimant's injuries or losses.
4. The claimant suffered quantifiable damage (physical injury, financial loss or both).

Key evidence includes:

• Design and risk assessment documents for the structure.
• Inspection logs showing checks and maintenance.
• Photographs and videos of the scene and hazards.
• Witness statements from bystanders or site workers.
• Medical records linking injuries to the accident.
• Health and safety reports or enforcement action notices.

Prompt collection and preservation of evidence are essential, particularly for temporary works that may be dismantled.

Time Limits - Limitation Periods

Public liability claims in England and Wales are generally subject to a three‑year limitation period under the Limitation Act 1980, running from the date of the accident or from when the claimant knew (or ought to have known) of the injury. Missing this deadline usually bars the claim unless exceptional circumstances apply. Acting early helps preserve evidence and strengthens a case.

Insurance and Risk Management

Entities responsible for temporary structures are strongly advised to hold public liability insurance to cover claims arising from injury or property damage linked to negligent acts or omissions involving temporary works. Insurance is not legally compulsory for all operations, but it is widely considered a standard risk mitigation tool for businesses, contractors and event organisers.

Event organisers, in particular, often secure policies with high liability limits - commonly £2 million to £10 million or more - due to the potential for multiple casualties or significant losses arising from incidents involving temporary structures.

Practical Steps After an Accident

1. Seek medical attention immediately and ensure injuries are documented.

2. Report the incident to those in control at the location (site manager, event organiser, landlord).

3. Preserve evidence, including photos of structures, hazard conditions and any remaining parts of the temporary works.

4. Collect witness details for statements about how the accident occurred.

5. Consult a solicitor with experience in public liability claims involving temporary structures to assess liability, evidence requirements and possible compensation.

Early legal advice can help determine the correct defendants and ensure procedural requirements are met.

Common Questions

Can I claim if I was injured by a structure being dismantled?
Yes. Temporary structures during dismantling still fall under duty of care obligations. Duty of care may extend until the hazard is removed and made safe.

Is the site owner always liable?
Not necessarily. Liability attaches to anyone with control or responsibility for the structure or its safe use at the time of the accident, which may include designers, contractors or event organisers.

Does safety signage prevent liability?
Warning signs can be part of reasonable precautions, but they do not eliminate liability if hazards were foreseeable and could have been prevented by better planning or maintenance.

Key Takeaways

Temporary structures present unique challenges in public liability law because their transient nature can create hazards if not properly designed, erected, inspected and maintained. In England and Wales, claims involving accidents on or near temporary works use legal principles from occupiers' liability, negligence and applicable health and safety standards to determine duty, breach and causation. Claimants must gather strong evidence, identify the correct responsible parties, act within limitation periods and consider insurance coverage when pursuing compensation. Understanding how liability is assessed in these contexts helps injured persons take informed steps toward redress.