Posted By David Scott I have a number of Industrial Units on an estate that is open to the general public. I cannot secure the site. I have a problem with tresspassers, particularly children, who tend to 'play' on the site and cause criminal damage to property. Despite best efforts, we have to leave some items outside the units on 'our' land and I am concerned that there may be an injury one day, that the Company will be held responsible for! I would like to display some form of disclaimer notice or at least warning notice to persons, be they tresspassers or otherwise, of the dangers on site. I must acknowledge that some children (and indeed adults) cannot read and therefore I need a suitable sign/notice. Does anyone have a similar problem and how have they overcome it? We have tried talking to local residents associations, schools and police to no real effect.

Posted By Robert K Lewis This is a continuing problem in the Construction industry as well. Unfortunately there are not many options as the legislation places the duties firmly on the occupier and the employer to maintain their premises in a safe condition and conduct their business such that persons not in their employ are exposed to risk. Options are: Fence of the local area around the equipment. Use the 2m high Herrass fence panels for short term security. Move it inside if possible and practicable Secure it so that it is safe from movement. Talk to landlord if there is one to see if a general secure storage could be established. I'm afraid that notices cost more than they are worth Bob

Posted By David Mains Have to agree with what has been said previously. From memory, the only disclaimers that appear to be worth anything are the ones displayed in car parks stating that any damage/loss to vehicles is not the responsibility of the operator of the car park.

Posted By Mark Jarman David, I would suggest that a risk assessment is carried out on the equipment that is left outside. This can take to account the nature of the equipment and the surrounding environment. In this way, it would be easier to identify any control measures that may be necessary. If the risk assessment results in a low or negligable residual risk then this would provide documentary evidence that you had done all that was 'reasonably practicable'. Another issue here is whether the landlord of the site has responsibilities under the Occupiers Liability Act 1984, to prevent trespassers from accessing the site, and if so, whether it is being discharged correctly. Regards Mark

Posted By Ashley Williams I have a lengthy handout i used on my training courses covering Occ Liability and the OLAct 1957 and 1984. If you think you could use it please e-mail me. Ash