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Posted By Andrew Mawson
I'm building a case study for security at site and I'm trying to find some cases where people have got onto a site without permission and been injured. Then the company that owns the site have been found at fault for not securing that site. Any pointers or help would be appreciated.
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Posted By safetyamateur
I'm sure I heard one about two scallywags who'd secreted a hefty amount of copper wire on a site which they broke into at night to retrieve, only to fall into an unprotected excavation. Injured, they claimed and got some kind of a settlement.
Anyone?
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Posted By martinw
Closest that I can find poat 1984 regarding trespass is Dawson –v- Scottish Power Plc [1999-SL1] - the court found Scottish Power liable when an eleven year old boy had climbed over the fence surrounding an electricity sub-station, was electrocuted. The boy was found one third contributory negligent. The fence was six feet high, but soil had built up at the base of the fence, making it only four feet high. By the way, the fence was topped with spikes and had warning notices stating ‘Danger of death – Keep out’.
Also one specific to your query but which happened way before the 1984 Occupiers Liability Act was regarding the responsibility owed to a trespassing child in Pannett v. McGuiness and Co. [1972] 2 QB 599. Here, a five year old boy fell into a bonfire when he wandered into a building site left deserted by the defendant's workforce. The defendant was held liable. Edmund Davies L.J. said that liability depended on the relevant facts of each case and the circumstances surrounding the trespass. In particular, he considered the age of the child, the type of site, the location of the site, the time of day, whether there was physical obstruction and the possibility of allurement. In this case the boy was only five years old. He had wandered into a small building site (thirty yards square) on land next to a highway and public park. The accident occurred during the middle of the afternoon when the presence of children was distinctly likely and there was nothing physical to prevent the child's access to the property. Finally, the presence of an unattended bonfire was regarded as an allurement (attraction) that should have been supervised adequately by the defendant's workforce who, on the day in question, had deserted their responsibilities.
Hope they help
Martin
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Posted By andymak
I hope this helps
Bolton Wanderers Football Club was fined £90,000 in September 2005 over the death of a teenage motor cyclist at the Reebok Stadium.
The club admitted breaching health and safety legislation.
Christopher Ormesher, from Chorley, died after he rode his 125cc motorbike into a metal chain strung across the empty stadium's car park.
The car park was an open area over which they had control, they had I understand already been warned that the chains were insufficiently marked.
The chain rode up the bikes faring and almost decapitated the rider.
Good luck with your search for information!
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Posted By Bob Y
Andrew - I would say that you should be looking to base your 'case' on the Occupiers Liability Acts of 57 & 84 and then use the cases that have already been mentioned as 'real life' examples.
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Posted By www.hsepeople.com
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