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Any information of landowner responsibilities when trespassers exit site onto motorway
Rank: Forum user 
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Does anyone have any information on the landowners responsibilities towards safeguarding trespassers who exit a site onto a motorway?
The site in question is fenced but the fencing is vandalised by trespassers who deface and destroy signage. Trespassers being chased by security officers could use the motorway as an escape route - which has the potential to result in a RTA; although thankfully this hasn't happened yet.
Many thanks.
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Rank: Forum user 
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I would have thought it was the old 'vicarious liability' issue.
As you know the fencing is vandalised regularly, you will need to show a history of regular inspections and repairs.
If it were me.. I'd place warning signs of the danger, record daily inspections of the condition of the fence, carry out regular repairs, record everything.
There is only so much you can do to safe guard others but you would have to be seen to be doing so.
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Rank: Forum user
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Would how they exit be your responsibility?
Surely once they left the premise, our repsonsibility finishes at the boundray?
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Rank: Super forum user 
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The original post refers to trespassers being chased by security officers. You can hardly claim that chasing someone onto a motorway that you knew was there was nothing to do with you.
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Rank: Forum user
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We had a similar situation, but not motorway related it was dirt bikers breaking down fences and scrambling across a site. We recorded every instance of criminal damage and reported it to the local police. When two bikers crashed into each other one was seriously hurt. The police visited our CEO and explained what might happen should the biker die (potential investigation toward manslaughter), however, our CEO had copies of each report made to the police regarding criminal damage and running repairs to fencing.We were informed no action would be taken against us (biker didn't die anyway).
We don't have security guards though, not sure if that changes burden of responsibility.
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Rank: Forum user
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To be honest I think this needs answered by a lawyer!
They will have a different take on it than H+S professionals.
As far as the dirt bikers story goes, this is why I recommended regular surveys, repairs and records.
And contacting the police also sounds like an excellent idea, if you can show you are taking all reasonable and practicable (there's that word again!) steps.
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Rank: Super forum user
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This is for lawyers I think.
They would into details about things like the meaning of the word “chase.” If by chase – you mean simply walking upto them and asking them what they were upto and then they ran off across the motorway, then that is their problem. If on the other hand by “chase” you mean running after them threatening actual bodily hard and they ran across the motorway causing RTA, then the occupier would be in big trouble.
Anything in between ... well, than that’s what keeps the legal profession busy.
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Rank: Forum user
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Occupiers Liability Act 1984 is a good place to start:
“An occupier of premises owes a duty to another (not being his visitor) in respect of any such risk.... the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection.” Etc etc.
In other words it’s about reasonableness, rather than an absolute. So if you have fencing, lighting, regular maintenance/inspections, guidance for security personnel on how to avoid chasing intruders into 70mph traffic, plus other controls that you can document, could you argue that you have been reasonable in your duty?
However you might need to shift your point of view about intruders, or change your systems to actually achieve 'reasonableness'.....
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Rank: Super forum user
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I would also recommend you put this by your insurance broker for their opinion.
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Rank: Forum user
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IMHO:
When I was in charge of Security - the advice to the guards would be not to chase intruders on site, risk of tripping etc. - call for police / assistance for back up if possible.
If they were to "catch" the intruders then there is a risk of the guard being prosecuted for GBH etc. - so not worth the hassle, unless you have CCTV to record action or colleague to back your actions up in court.
Definitely do not chase the intruder after he leaves your site - above actions / risks would be compounded.
I suggest that once they leave your site - you have zero legal / civil duties to them
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Rank: Super forum user 
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Hmm strange question me thinks. Most security staff I have encountered would or could not chase a parked car let alone an intruder, perhaps the word 'challenge' may be more appropriate. As already highlighted, the OLA is probably the only form of legal reference worth considering. That said, I would have thought once the intruder has left your premises it is no longer your responsibility. I would strongly advise against chasing anyone outside the premises for a number of different reasons.
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Rank: Forum user
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Many thanks for all your comments.
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Any information of landowner responsibilities when trespassers exit site onto motorway
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