Rank: New forum user 
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Purely as a thought exercise, and regardless of your opinion of the bed-wetting maggots involved,
If a rioter/looter injures themselves on-premesis what is the potential for vicarious liability RE HASAWA reg 3&4?
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Rank: Forum user
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I would have thought the Occupiers Liability Act 1984 (which covers trespassers as a civil action) might be more appropriate?
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Rank: Super forum user
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I agree with Ian, I cannot believe for a moment that a criminal case would be born out from such mindless acts!
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Rank: Forum user
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Rank: Super forum user 
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Rioters, looters and assorted bed wetting maggots would not be deemed as a 'relevant person' under the RR(FS)O 2005, so the responsible person has no duty to protect them in a fire situation
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Rank: Super forum user
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blue wrote:Trespassers have rights. Is that a question or a statement? Eithern way can you explain?
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Rank: Super forum user 
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I’ve always considered vicarious liability to be concerned with matters of civil liability, and therefore this wouldn’t arise under S3/4. Liability, whether criminal or civil, has, in general to be either ‘accepted’ or proven on the individual facts of the case. Just because one of these people is injured there is no ‘automatic’ liability upon the owner/occupier or whomever, it depends on what has happened and why.
Likewise I wasn’t convinced that “trespassers have rights” was a particularly helpful post and I too wonder if you could expand on your thinking, in particular in the context of the original post? (I know OLA 84)
Also be aware that SOME acts of trespass are criminal offences. I am not convinced that too many courts would have a great deal of sympathy if any of these people were injured in the course of robbing, looting, thuggery etc. I could be wrong though.
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Rank: Super forum user 
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'Trespassers have rights.'
Indeed they do, as mentioned previously pursuant to the OLA 1957 (as amended 1984) and the amendment if memory serves me right was specifically concerned with trespassers.
The original question asked about vicarious liability and HSWA regarding looters ie trespassers. Vicarious liability is a civil law doctrine and would not apply in a criminal case, similarly HSWA is only concerned with the criminal law. The tort of negligence or the OLA is the only redress anyone would have for an injury sustained whilst trespassing. I think it would be very difficult in this current climate for a successful claim.
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Rank: Super forum user
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Phil, you beat me to it - you thug...LOL.
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Rank: Forum user
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Typo, should've been a question mark and not a full stop.
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Rank: Forum user
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If anyone did try to bring a civil claim I could see a learned Judge awarding damages of one penny, and the substantial costs against the claimant.
Many a M'lud would enjoy doing that!
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Rank: Super forum user 
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Argh - again confusion over vicarious liability
My employer is vicariously liable for my actions, so if looting could be considered to be within the scope of my employment, then they could be liable for the damage I caused. However I would hazard a guess that I would be out on a frolic of own, and that my employer would not be liable for my actions - despite me being a man of straw....
However - occupiers liability act as quoted above is correct, but I am sure looters injuring themselves would be outside of what an occupier would expect.
This whole post is from my deepest darkest memories so someone who really knows about law can correct this but for a claim under OLA you need to show:
A risk was known (Being hit by train on rail tracks)
Access to the risk was known to occur (i.e. children routinely play on rail tracks)
it is reasonably foreseeable that harm would result (I think trains hurt?)
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Rank: Forum user
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teh_boy,
Shouldnt you change your screen name to hay_boy then.
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