Rank: Forum user
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Hello! A friend has a engineering business and a large workshop with heavy plant and machinery. Today a teenager managed to scale on the roof (over razor wire) and managed to fall through a fibre cement roof tile. He landed on the busbars of the overhead crane which were luckily insulated. It's actually lucky he landed on them as had he not he would have landed on machinery 4/5 meters below. Amazingly he managed to run off, appearing unhurt. Any thoughts on how far to go to prevent access to a roof. Primarily for protecting idiots like this but also the business from criminal/civil litigation. As I say there is razor wire around the perimeter and also fragile roof signs. I know there have been cases in the past where businesses have been presecuted in similar circumstances.
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Rank: Super forum user
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look to how they accessed the roof and put in place measures to prevent a repeat.
Probably need some form of fixed bars (think motorway pedestrian bridges / supply lines over rivers & canals) - demonstrates trying to do everything practicable
Unfortunately modern law is an ass "only the honest respect locked doors" everyone else seeks compensation for their stupidity
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Rank: Super forum user
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look to how they accessed the roof and put in place measures to prevent a repeat.
Probably need some form of fixed bars (think motorway pedestrian bridges / supply lines over rivers & canals) - demonstrates trying to do everything practicable
Unfortunately modern law is an ass "only the honest respect locked doors" everyone else seeks compensation for their stupidity
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Rank: Forum user
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You could try connecting the bus bars to the razor wire :)
But on a more serious note,
Not knowing your site it is hard to say but even if they get over the wire, how do they gain access to the roof? T
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Rank: Super forum user
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I think all you can do is what is reasonably practicable to prevent unauthorised access. I know there have been some tresspasser cases but these are few and far between. The courts are not devoid of any common sense, recognising that if someone is so determined and injure themseleves as a result they will get little sympathy.
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Rank: Super forum user
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....and almost all the case law on occupier's liability is in your favour.
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Rank: Forum user
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Great, thanks for your input guys. Agree with all of the points made. Just wanted to make sure I wasn't missing anything Cheers, John
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Rank: Super forum user
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The Occupiers Liability Act 1984, makes it clear that Occupiers of land have a duty to protect visitors (including trespassers) from danger if the occupier: - is aware of the danger or
- has reasonable grounds to believe it exists or
- knows or has reasonable grounds to believe that the trespasser is near or may come to be near the danger
- and the risk is one which an occupier may reasonably be expected to protect visitors from
Section 1(6) of the Act, provides that "no duty is owed ... to any person in respect of risks willingly accepted as his by that person”. So someone deciding to climb on to the roof of a building(to nick something?) which may or may not have a fragile roof were accepting a risk while a kid sneaking over the fence to recover a football ( do kids still do that?) and falling into unprotected, unmarked pit were not accepting that risk.
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