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#1 Posted : 13 October 2006 10:46:00(UTC)
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Posted By John Lewis A friend (really, not me) has asked my view on the following; His wife is a Brownie leader who finds that the steps leading to their meeting hut are very dark at night and in her opinion dangerous. He has suggested that he obtain some reflective tape and install it on the steps to ease the problem, but is concerned that if he does and there is an accident he might find himself being sued. I have advised him that he/the Brownies should contact the owners and ask what they will be doing to solve the problem given that it is reasonable to expect that young children will be using the steps, and asking whether the owners object to him putting down reflective tape as an interim measure. Really this is probably common law rather than H&S law but I think the principles still apply. Does anyone else have an opinion?
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#2 Posted : 13 October 2006 10:57:00(UTC)
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Posted By Peter Longworth Definitely down to the owners in my opinion. Occupier's liability Act 57 & 84. Duty of care to visitors. NEBOSH case law actually being useful twice in one day. Unheard of.
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#3 Posted : 13 October 2006 11:52:00(UTC)
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Posted By sagalout I just wonder why concerned parents or Brownie leaders wouldn't just take a torch with them if they know that there is no lighting in that area. But then I do liove in a rural area where we do not benefit from all the light pollution in more populated areas. I seem to remember being taught how to use a torch to find my way safely when I was a young sprog. Sensible risk management? Expecting incoming.
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#4 Posted : 13 October 2006 13:35:00(UTC)
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Posted By John Lewis Sagalout "Expecting incoming...." Here it comes.... Seriously, I tend to agree with you; manage the known risk of injury in darkness by carrying a torch. Rocket salad it ain't. When I was a young scout I was always prepared as the motto called for. My friend is ex-military and broadly of the same view as well, but sadly many folk do not have any concept of risk management and expect someone else to do it for them. This is why he was tempted to install the tape. Have a good weekend.
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#5 Posted : 13 October 2006 13:48:00(UTC)
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Posted By sagalout Hey John, I empathise with your friends actions, I just wish we could stop ourselves doing it or perhaps have the individual courage to say no more often. (not criticising anyone but myself here)Otherwise the conkers bonkers stuff becomes a self perpetuating prophecy. Enjoy yours and don't go out at night without a light! Mind you these days I tend go out like a light after dark!!
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#6 Posted : 13 October 2006 14:13:00(UTC)
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Posted By Steve Sanders John, Before your friend goes to far along the road of getting the owner to cure all ills; consider that the risk may be with the Brownie movement, they invite the Brownies to the hut. Before doing so they should ensure the the hut - including access and egress - is fit for purpose? Steve
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#7 Posted : 16 October 2006 13:29:00(UTC)
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Posted By anon1234 Obviously not this simple - but how about considering installing some of those solar powered garden lights as well as a bit of tape - clearly likelihood of them being vandalised / stolen would need considering
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