Announcement

Collapse
No announcement yet.

insurance

Collapse

X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • insurance

    Advice please!!! Last week some idiot scaled our allotment sites locked 12ft and nastily spiked entrance gate .It was 7.45pm, pitch black and freezing cold. .Needless to say, said pillock managed to skewer himself on gate by the leg and fall off.Luckily for him he dragged himself up site entrance road to within shouting distance of nearby houses ,and a resident called ambulance and police The miscreant was carted off to hospital after losing alot of blood .His excuse being he had fallen out with missus and was trying to find his brothers shed on site to hide for a few hours . A likely story as we have no such person on site. Anyway allotmenteers concerned that dubious dimwit could sue association for injury even though effectively trespassing with intent to steal or damage. Any advice or similar experience please! Jacki.

  • #2
    Wow - I can't help feeling slightly satisfied that the fence did its job (is that wrong?!).

    I'd be very surprised if he had any kind of case against your allotment association. It's not like the gate fell on him or anything - it was purely his own stupid fault.
    Resistance is fertile

    Comment


    • #3
      Originally posted by Paul Wagland View Post
      Wow - I can't help feeling slightly satisfied that the fence did its job (is that wrong?!).

      I'd be very surprised if he had any kind of case against your allotment association. It's not like the gate fell on him or anything - it was purely his own stupid fault.
      If that's wrong, then I'm as wrong as Vanessa Feltz in a Mankini!

      Hope the idiot doesn't manage to make any claim. Keep us posted gim.
      A simple dude trying to grow veg. http://haywayne.blogspot.com/

      BLOG UPDATED! http://haywayne.blogspot.com/2012/01...ar-demand.html 30/01/2012

      Practise makes us a little better, it doesn't make us perfect.


      What would Vedder do?

      Comment


      • #4
        Thanks HW - I'm still getting over PW's comment about the cornish pasty and now I've got VF in a mankini to content with.

        Why then are fences allowed, if the idiot climbs over it and skewers himself that is hardly the plot's fault.

        Next, we'll have spiky fences banned and you'll have to put ladders up to help people over them, and cushions to soften the fall.

        Comment


        • #5
          From what I understand, he may well have a case (or be pursuaded that he has one). This is why we have public liability insurance through NSALG. If you do may be worth giving them a call to check out the situation so you are prepared.
          http://a-plot-too-far.blogspot.com

          Comment


          • #6
            He MIGHT have a case if he had a legitimate reason to be inside the allotment, for example he works there or had been employed by the allotment to do something AND no one had informed him should have only used the gate as a means of entry The law would assume he had deliberately injured himself unless of course the fence obstructed a lawful right of way for example a road or right of way.

            Comment


            • #7
              If he didn't have express permission to be there from the landowner, then he was trespassing, doesn't matter whether he was looking for his brothers shed or not, if he injured himself in the pursuit of a criminal act, he has no claim, he was not injured BY someone, he injured himself.
              Vive Le Revolution!!!
              'Lets just stick it in, and see what happens?'
              Cigarette FREE since 07-01-09

              Comment


              • #8
                So any magistrate/judge who would allow a claim like that, (which is soooooooo obvious what the said idiot was up to) needs his head examined, his job revoked and his common sense brain cell (singular) looked at.
                P.S. what a great outcome
                "He that but looketh on a plate of ham and eggs to lust after it hath already committed breakfast with it in his heart"

                Comment


                • #9
                  Originally posted by vegnut View Post
                  So any magistrate/judge who would allow a claim like that, (which is soooooooo obvious what the said idiot was up to) needs his head examined, his job revoked and his common sense brain cell (singular) looked at.
                  Hence the expression..."The law's an ass'

                  I know that on a building (plainly signposted and secured) should someone break in then damage themselves by lets say falling down a stairwell without a barrier...you may still be liable!!!

                  Comment


                  • #10
                    I remember a drunk tresspassing on a building site to have a pee whence he fell down a hole and broke his leg! From memory he sued the building firm and got a sizeable payment!

                    In our litigatious society with these 'No win, no fee' tosspots it is probably a good idea that our local Council has put a clause in our Associations tenancy agreement stating that we must have 'Public Liability' insurance.

                    Hope nothing comes of this plonkers misdemeanor Jacki!
                    Last edited by Snadger; 19-01-2009, 05:36 PM.
                    My Majesty made for him a garden anew in order
                    to present to him vegetables and all beautiful flowers.- Offerings of Thutmose III to Amon-Ra (1500 BCE)

                    Diversify & prosper


                    Comment


                    • #11
                      VERY PLEASED to hear that the fencing worked, hip hip hooray!!! He got what he deserved!! Did the association report him to the police for attmepted burglary, he had no business being there did he? Private land.
                      Dont worry about tomorrow, live for today

                      Comment


                      • #12
                        Originally posted by BrideXIII View Post
                        If he didn't have express permission to be there from the landowner, then he was trespassing, doesn't matter whether he was looking for his brothers shed or not, if he injured himself in the pursuit of a criminal act, he has no claim, he was not injured BY someone, he injured himself.
                        If I remember rightly trespass is a civil not a criminal act so therefore your argument though sensible wouldnt work in law.

                        However I may be completely wrong
                        Feel free to fire away
                        WPC F Hobbit, Shire police

                        Comment


                        • #13
                          Originally posted by gardening in mind View Post
                          ....allotment sites locked 12ft and nastily spiked entrance gate .....
                          I think the 12ft high bit might swing the argument your way.

                          If the gate was 5ft or 6ft or even 7ft then a person might "reasonably expect to be able to scale it unaided". At 12ft high you'd need to be a chimpanzee or have a pair of good ladders.

                          The argument about injury if you have no railing on your landing goes along the lines that it should have a railing for its normal intended use and compliance with building regs.

                          The argument about the building site goes along the lines of there may well not be a railing on the landing or there may be an open trench, therefore you should secure the site and post warning signs.

                          It's a real shame that concept of a trespasser or burgular being solely responsible for injuries incurred in the course of his illegal actions seems to have been overtaken by the rights without responsibilities culture.
                          Last edited by Peter; 19-01-2009, 07:20 PM.
                          Always thank people who have helped you immediately, as they may not be around to thank later.
                          Visit my blog at http://podsplot.blogspot.com/ - Updated 18th October 2009
                          I support http://www.hearingdogs.org.uk/

                          Comment


                          • #14
                            insurance

                            Thanks for all the input folks.I must admit when I heard the story the next day I did laugh at the poetic justice of it ,also I would have been inclined to leave the robdog there overnight .Hopefully he's decided its a safer option to just pay for what he needs at the shops leave the matter to rest.Will definately be addressing public liability insurance though ......in case another mindless halfwit fancies his chances !

                            Comment


                            • #15
                              Spikey fences are banned in West Midlands

                              The powers that be( they who must be obeyed suits and polished shoes) who oversee my allotment site have recently put up a new fence to prevent the vandals getting in.They cannot put up a fence with spikes as these 'might injure someone climbing over'. They have also left a gap so that anyone who loses their keys to the gate padlock can get off site! Gaps work both ways don't they?

                              Comment

                              Latest Topics

                              Collapse

                              Recent Blog Posts

                              Collapse
                              Working...
                              X