Rank: Forum user
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Would a PC need to erect a perimeter fence if the construction site bordered on to a railway? The PC are saying that the rail fence is adequate. My thoughts are that if a child gained access to the railway (not uncommon) and then the site as there was no perimeter fence in place then the PC would be found liable if an accident occurred to the child, or adult for that matter. I cant believe they have not erected a separate fence that is under their control and they can maintain themselves. Comments?
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Rank: Forum user
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You would want a perimeter fence to ensure that no site rubbish landed on the railway. Network rail wouldnt be too happy and the cost of the fine etc compared to installing perimeter protection is easy to balance up.
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Rank: Super forum user
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Phil43The PC are saying that the rail fence is adequate.quote wrote: And that responsibility rests with the PC.
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Rank: New forum user
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They have obviously decided it is not "reasonably practicable" to erect a fence.
If someone were to access the site via a fault in the railway fence, then who cops for it from a legal stance if someone was hurt?
All you can do is document your concerns via email/letter and hope you arent in a position to say "I told you so"
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