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#1 Posted : 07 March 2003 16:58:00(UTC)
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Posted By smudge In addition to my full time job with the fire service I am a school governor, we have problems with children playing on the school playing field after school. These children are not from our school and we do not object to them using the field but they can be abusive to the staff when asked to leave. Rather than impose a regime that we cannot police we are considering allowing children to use the field after school. The simple question is, what is our liability should there be an injury?
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#2 Posted : 07 March 2003 18:38:00(UTC)
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Posted By Paul Leadbetter Smudge Whether the children are there with permission or without, you owe them a duty of care under the Occupier's Liability legislation. If they are there lawfully (with permission), they are owed the 'common duty of care' under the 1957 Act; if unlawfully (as trespassers), you owe them a reasonable duty of care under the 1984 Act. Paul
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#3 Posted : 07 March 2003 19:39:00(UTC)
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Posted By Robert M Edwards Yes the above writer is 'bang on' with the law but also remember that the duty of care here to kids is higher because they are kids. Make sure that anything particularly attractive to them is removed and pay attention to the areas of risk.
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#4 Posted : 08 March 2003 17:32:00(UTC)
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Posted By Ken Taylor - particularly free-standing goal-posts, netball-posts and the like which may be pulled over with disatrous consequences. Consider also the fences or walls that they may be climbing to gain entrance - particularly spiked railings, barbed wire, broken glass, etc. If these things are readily-accessible to children a case of negigence is likely to be proved in the event of resulting injury.
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