Question juridique clé
Whether X. was guilty of negligent grievous bodily harm by omission.
Solution extraite
Yes. As site manager, he had a duty to supervise and control the scaffolding works; the defect was foreseeable and avoidable.
Motifs extraits
He was responsible for planning, coordination and control. The deviation from the plans, the excessive façade distance and the missing inner guardrail were readily detectable. Reliance on subcontractors did not relieve him of a direct control duty in these circumstances.