Judge finds city council not at fault over death of cyclist in harbour

A judge has found that Bristol City Council was not responsible for an accident in which a cyclist died after failing into a dock.

Sean Phillips is thought to have lost control of his bicycle in 2013 after hitting embedded former train tracks near the city’s Wapping Wharf development.

His family had sought £2m in damages from the council, which they argued should have erected railings to prevent anyone from falling into the dock.

But Judge Mark Gargan QC ruled that signage alerting cyclists to the dangers of riding along the wharf was adequate and the council was not liable for Mr Phillips’ death.

A skeleton argument advanced by Mr Phillips’ family said sunken rail lines ran parallel between a building and the harbour’s edge and it was submitted that his loss of control “seems highly likely that it was caused by the wheel slipping on damp tracks, or dropping into  a track recess, or dropping into a recess and striking an obstruction”.

It went on: “The area where the accident occurred was hazardous for cyclists. This was known by [the council] and had been known for many years.

“There was a foreseeable risk of harm to persons such as the deceased; and, crucially harm was in fact foreseen by those employed by [the council]. Measures in place at the time of the accident were inadequate.”

But the council’s skeleton argument said Mr Phillips had been cycling very close to the edge of a wide wharf and “why he had been cycling so close to the edge is unknown, as is why he had been cycling on the wharf at all rather than on the dedicated cycle route to the rear to which cyclists were directed”.

It said that although Bristol had been advised to erect railings along the wharf’s edge the risk of someone falling in was judged close to zero and it had erected warnings to cyclists about the rails and directions to the cycle route.

A Bristol spokesperson said: “Once again we would like to express our deepest condolences to the family of Sean Phillips.

“Since his tragic death, a redesigned official cycle route has been completed to the rear of MShed as part of the Wapping Wharf development, which cyclists are directed to.

“We will continue to take practical and reasonable steps to make the area safe for the many people, including cyclists, pedestrians, boat users and others, who use the Harbourside for work, travel or leisure.”

Mark Smulian