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Posted By Alan J Moulton
Hi guys, does anybody have any information regarding the liability position for trim trails?For those not familiar with Trim trails they are installed fitness equipment along country walks or in country parks, the idea is that members of the public use them as and where they find them, typically they include sit-up stations, balance beams, hurdles, chin up bars etc.
I have a view on liability but would be interested in other peoples view.
Thanks.
Alan Moulton. CMIOSH
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Posted By peter gotch
Hi Alan
To some extent it will depend on location, e.g. how far from public access points and the nature of footpaths etc - thence what type of at risk population you have.
Then sourced from reputable supplier and built to BS EN 1176 and 1177, with appropriate surface to fall onto, thereafter regularly inspected against a checklist, and subject to appropriate maintenance regime.
Regards, Peter
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Posted By Charlie0538
Hi,
As well as making sure that the equipment is constructed and then maintained to a specific standard, should you not also look at some form of disclaimer, informing them of their own duty of care.
I did see a trail once that went through how to use the quipment correctly and safely, so it can be done.
Good Luck
Charlie
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Posted By Ron Hunter
Can't we please just leave the countryside as countryside? I find these initiatives to "urbanise" the country environment quite objectionable. This seems to be a growing trend.
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Posted By Paul Leadbetter
But, Ron, some people need 'something to do' when they get there!
Paul
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Posted By Ron Hunter
(Sadly) true of some Paul, but if this growing trend of urbanising and converting the countryside into an extension of our 'built' environment continues, then they'll also have difficulty knowing when they've actually arrived!
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Posted By Phil Grace
Alan,
You said you had a view on liability... I trust it was that you are liable if someone were to have an accident and be injured, subject to them being able to prove negligence on your part.
As has been said there are standards for design, I do not know the detail but guess that might include installation e.g. surfacing underneath. After installation you - as the "provider" of the equipment - will have to inspect them to ensure that everything remains in good order, free from damage, deterioration, the effects of vandalism etc.
You would need to be able to verify both the inspection procedure and that it had actually taken place in the event of an incident. Disclaimers will have little or no effect in my opinion.
Whilst the decision in Tomlinson (tetraplegic after standing dive into open water) has some usefulness it doesn't provide cast iron protection. So, if user was doing something really strange, using equipment in a manner for which it was intended/designed then you might escape liability. But if something failed through wear & tear, lack of maintenance etc then I think you could be "bang to rights".
Phil
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