12.07.2006

Builder ordered to pay £100K in compensation

The family of James Weir, 38, has been awarded £103,975 in compensation following a 17 metre fall on a job site in Scotland in July 2002.

Weir, a self-employed roofer from East Kilbride, was working on the roof of the new Community School of Auchterarder in July 2002 when he fell through a gap.

The Elgin based contractor, Robertson Construction had just removed the safety net below, leaving a 17 metre drop. Weir of died the instant he hit the ground. .

Robertson was fined £20,000 in 2003 at Perth Sheriffs Court after admitting breaching health and safety legislation by failing to provide guard rails and toe boards and removing the safety net below the roof.

Judge Lord Glennie ruled on Tuesday that the compensation award should be greater than normal because of the very close relationship Weir had with his family.

His widow Audrey, 40, was awarded £35,000, while his children Steven and Stacie were each granted £17,000. The balance was awarded to recognise the contribution Weir made to the family home in East Kilbride and to cover the cost of his funeral.

Lord Glennie said: "The pursuer and her late husband had been married for some 15 years at the time of his death. On the evidence before me the marriage was a particularly close one."

The judge speaking of Mrs Weir said: "She gave the impression of a close family life in which the deceased was involved with domestic affairs and gardening as well as being a good father to his children. She felt that substantially all of his earnings came into the family and that he kept little for himself."