UKTC Archive

RE: occupiers liability [Scanned]

Subject: RE: occupiers liability [Scanned]
From: Edmund Hopkins
Date: Nov 24 2008 10:29:06
This seems to me overly defensive Ron, and a bit depressing really. For 
another approach read the review of this area published by Crown Office 
Chambers  (Cooper and Antrobus) 2005 entitled "The Right to Take Risk" and 
linked in a previous uktc thread, also the Tomlinson v Congleton BC case 
which brought some common sense back to matters.

Edmund

Edmund Hopkins
Tree Officer
Planning Services
Nottingham City Council
________________________________________
From: Howe, Ron [Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 24 November 2008 09:36
To: UK Tree Care
Subject: RE: occupiers liability [Scanned]

Paul,

I believe the short answer is, that a trespass warning sign is not
enough. Your client, as you know, has a duty of care to ensure that
anyone who might enter their land, legally or not, does not get injured.
If they do, then they could take your client to court. The argument
would be that although they were warned not to trespass, there were no
warnings about the dangers. You must also cater for people that might
not be able to read the signs for whatever reason you can think of ...
the young and careless, old and careless, long sighted, learning
disabled, didn't enter by a sign etc. The best option might be to make
the land inaccessible. Nevertheless, your client would still be liable
if someone broke in and became injured. So a combination of preventing
access and remedial works would be a reasonable combination in
conjunction with signs warning of and at any hazardous structures.

Ron.


Ron Howe
Planning Tree Officer
Mole Valley District Council
Pippbrook
Dorking
RH4 1SJ
Direct Tel. 01306 XXX XXX


-----Original Message-----
From: paul hughes [mailto:paul@xxxxxxxxxxxxxxxxxxxxx.co.uk]
Sent: Sat, 22 November 2008 13:50
To: UK Tree Care
Subject: occupiers liability

My client has a woodland with mature trees that are in decline with
ganoderma , HF etc present.
Several people enter the wood uninvited to exercise their dogs bowels
(and legs) but there are clear warnings about trespass in place.
As the estate is an old peoples home with charitable status (including
the woodland) there is little money in the pot for the felling
'necessary'.  I would like to be able to leave those trees deeper into
the wood to a more natural decline dealing with the iffy ones by the
drive and nearby bridle way.
Is a sign about trespass and stating the condition of the trees with a
disclaimer enough to enable us to leave the deeper wood to its own
devices? Or are we still culpable if a trespasser gets squashed?

thanks
Paul


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