Dead cyclist's family take Bristol council to court

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Sean PhillipsImage source, PA
Image caption,
Sean Phillips died in March 2013 after falling into the harbour from his bike

The family of a cyclist who fell off his bike and drowned in Bristol harbour has claimed inadequate signage and a lack of railings were among factors that caused his death.

Father-of-two Sean Phillips, 40, died in March 2013 after losing his balance along Princes Wharf.

His partner Hayley Liddle, 47, and their two teenage sons have taken Bristol City Council, which denies liability, to the High Court.

The claim is understood to be near £2m.

Judge Mark Gargan QC was told that the council failed to act on advice it "should erect railings along the edge of the wharf against the risk of someone falling in".

The council denies any liability and argues there was "good reason" for not installing fences or railings, saying it was an operational heritage wharf.

'Unguarded edge'

Mr Phillips had been cycling to work along the wharf as part of his training for a 200-mile charity bike ride.

Vincent Williams, counsel for Ms Liddle, said the area "presented an unusual combination of hazards", including "slippery metalwork" and the "unguarded edge" of the harbour, beyond which there was a "steep drop into the water or on to boats".

Mr Williams conceded that he could not say for certain whether Mr Phillips saw any warning signs along the pathway.

But he added that the signage was "not particularly good. It was small, it was very high up".

He added that if "a combination of measures had been adopted, namely effective signage, railings, some kind of physical impediment or discouragement to cyclists to stop them... that would in all probability have led to this accident not occurring".

James Burton, representing the council, said: "Mr Phillips' death was and is a tragedy, but it was not the city council's fault.

"The law does not require occupiers to provide a risk-free environment, and it expects adults who choose to run obvious risks to take care for themselves."

Mr Burton said Mr Phillips would have seen several warning signs telling cyclists to use an alternative route away from the harbour edge.

The hearing continues.

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