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#1 Posted : 02 July 2004 13:53:00(UTC)
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Posted By Daryl Whitby In October of last year the company next door to ours suffered an attempted burglary at night. The thieves broke off the padlock and forced the sliding gates open to allow their car through. The following day the security personnel from our site went round the premises to see if entry had been gained to the building, upon leaving the site he closed the gate behind him. Unfortunately the gate had been damaged during the break in and slid beyond it's restraints, this left our man holding an 10'x18' steel gate in a gale force wind. Naturally he attempted to hold it upright for as long as he could but eventually the wind got the upper hand and it fell (luckily) away from the guy onto his car (unlucky). The car was a right off, the security man had whelps to the palms of both hands and suffered lower back pain for three months. The question is - as the site was unoccupied at the time of the attempted burglary, and no contact could be made with the lease holder on the Sunday, who is responsible for the injury and loss sustained? Or do we just leave the neighbours gate open for the next scumbag to walk in and help themselves?
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#2 Posted : 07 July 2004 09:14:00(UTC)
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Posted By Timothy Capner Dear Daryl Get legal advice! I think you've got a very tricky one there. My only considered reply would be Occupiers' Liability Act '57 & '84. There must be something in there that would assist your security guard, legitimate visitor etc etc. I believe your attempts to secure the premises must carry some weight. Was your security guard acting on his own volition? Had the police been notified? What did the police do? Best of luck Timothy Capner
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