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Posted By david Westhead
Could anyone help me with a small problem. Where I work there is a plot of land that is uneven and covered in rubble etc. There are plans to renovate this land in the future (near or far), the problem is that I think some children have been accessing the land through a gap in the fence, the fence has now been repaired (it is a new metal fence approx 5ft high. Getting to the point, where do we stand as a company if anyone climbs over the fence and is injured on the rubble? and also is there some kind of sineage that we should put up to warn people/tresspassers of the uneven/unsafe land taking into account that the visiters that we had in the past were most probably children. Any information would be greatly accepted.
Thanks in antisapation,
Dave.
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Posted By Adrian Watson
David,
I'm afraid to say that if children gain access to your land and they are injured, you are liable under the Occupiers Liability Act 1984 if you had reasonable grounds to believe the danger exists and you failed to take reasonable precautions.
Regards
Adrian Watson
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Posted By Ken Taylor
I've found that doubled weld-mesh with gaps no more than 25mm wide to be effective provided it's high enough. It's also worth considering some scary warning signs from one of the standard supplier's catalogues - which should be erected on each face of the fence to which children may approach.
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Posted By Stuart Nagle
Trespassers, in the eyes of the law in respect of health and safety have the same/equivelent protection in law as 'other persons'
Therefore, an employer must take all reasonable practicable steps to protect trespassers as he would other persons who may be effected by what he does or the condition on his site/premises.
Sorry, but the trespasser can sue you, even if he entered the site illegally and was injured by something on the site or the conditions on the site where all reasonable practicable steps had not been taken to prevent injury etc to 'others'
Good luck
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Rank: Guest
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Posted By david Westhead
Thanks for all the information, I have now been assured that the land is to be leveled within the next couple of weeks. In the mean time I have had the fencing repaired and I now think that we have done everything reasonably praclical that we can to make the site as safe as possible for any "visitors" that could manage to climb the fence.
Once again thank you for all the good advive,
Dave.
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