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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.
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Posted By Laurie
I am not an expert in this field, but my understanding is that "disclaimers", both written and posted, are generally held to be pretty worthless in law.
You will have to prove due diligence and reasonably practicable steps.
Laurie
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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
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Posted By Jim Sweetman
David,
The organisation that I work for is probably one of the biggest offenders when it comes to shoving up a notice/disclaimer rather than dealing with the problem.
I have to agree with Laurie and Robert that notices are not particularly effective. The impression I have been given is that notices are 'prima facie' evidence that someone is aware of a problem - this can make a court's life considerably easier.
I would strongly advise that you have another look at manging your storage facilities.
Good luck.
Jim
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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.
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Posted By Laurie
Even in car parks my understanding is that the operator has to prove that you saw it, or that it was in such a position that it is "reasonable" to assume that the notice was seen before the contract was entered into, i.e. before you paid, or took your ticket
Laurie
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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
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Posted By Mark Large
Having words with the local school's headmaster and asking him to make local children aware of that hazards etc exist could go towards proving you were taking reasonably practicable steps to deal with the situation.
Its something some construction firms do when they know they will be working close to a school.
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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
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