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Posted By Barry Cooper
This subject has probably been raised before, so apologies for raising it again.
The company I work for is situated on a very large site (95 acres in total) so you can imagine the length of the boundary.
I have requested that our engineering dept replace the missing or badly deteriorated barbed wire on top of the 2m high fence with razor wire plus warning signs.
The contractor has refused, on the grounds that he would be liable if anyone was injured by it. I have refuted this and have suggested we use another contractor.
Not exactly sure of the legal situation regarding razor wire. Advice would be welcome
Barry
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Posted By Sylvia Tyler
Barry I have recently read a case study advised in this forum regarding trespassers and occupiers liability. In this study it was identified that if barbed wire, razor wire or anything that is likely to hurt a trespasser it can be viewed as an intent to cause harm - more so if it is young person injured as their perception of danger is less than an adult.
I don't belive you will find a black and white answer to this one - too many will sit on the fence!
Sylvia
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Posted By Martin Daly
We do this type of work.
The barded wire must be at least 7 ft of the ground and warning signs must be posted.
The use of razor wire is excluded under the terms of our E/L insurance.
Martin Daly
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Posted By Gareth Bryan
We have checked this with our insurers and they are happy for us to use razor wire provided that it does not pose a risk to someone going about their daily lawful business. It should be such so as not to entrap anyone and should be clearly signed.
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Posted By Ron Hunter
See the archived thread from April last year (use the site search tool)
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Posted By Mark Glynn Thomas
Barry
After a number of break-ins at our site, the company added razor wire around the top of the building with warning signs. The police advised us to take pictures of the signs in place to prove that they existed, as apparently people will remove the signs and injury themselves, how dare they! Barry, I also have a risk assessment available on request regarding use of razor wire.
Mark
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Posted By Stuart Nagle
Barry.
Further to the above postings, you should also be aware that erection of barbed wire on land adjoining the public highway may also be a problem.
Section 164 of the Highways Act 1980 prohibits the erection of barbed wire on land adjoining the Public Highway (usually within 2.0 metres of the edge of the Public Highway) where 'the wire is a nuisance to the highway' - e.g. to those exercising their lawful right to pass and re-pass along the public highway.
The definition of barbed wire in this instance means 'wire with spikes or jagged projections deemed to be a nuisance if it is likely to be injurous to person or animals lawfully using the highway'.
The public highway may consist of carriageway, footway and adjoining verges, so if your fence is adjoining a public highway (i.e. the verge next to the road or footway) it may be subject to a notice from the highway authority requiring its removal if it is erected and then deemed 'injurous', could be an expensive exercise...
If you are not sure of what is or what is not public highway, a visit to your local highways department and request to view the 'Definitive Plan' (all public highways, private streets etc are recorded on a the plan) which may assist. Following this, a letter requesting permission to erect should be directed to the Highways Authority for the highway (if applicable - i.e. would be within 2.0 metres of the public highway)... Don't be suprised if they refuse!!
If however there is at least 2.0 metres of land owned by your company between the fence and the edge of the public highway it should not be a problem... make sure the land the company claims to own is recorded on the definitive plan held by the highway authority (if not recorded and no deeds to prove ownership - it is probably part of the public highway).
If land is owned, you have proof of this and it is not recorded on the definitive plan - submit copy of plans with a copy of deeds of title - via company solicitor and ask the highways Authority to update the definitive plan to show the private land adjoining the highway. This is evidence...and also ensure signs stating private property erected - more evidence and a disclaimer against Highway Authority and other persons illegally using the land - can be important in cases of injury.
Good luck...
Stuart
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