Thread: not again

Originally Posted by XR500

The H&S issue regarding trespassers does not wash. The Act is quite clear that if someone is on property illegally then the owner/manager/'Officer' is not responsible for their safety.

It is, however, a massive issue for the safety of yourself and others there legally.

Query check on that - I know of one case in a warehouse setting where a person wandered past signs without permission, no one who was working there new about them and they got clipped by a reversing machine. Site got the book thrown at them.

What I mean by the point that there hasn't been a test case to my knowledge on entering rural land without permission is that I don't know of a situation where a manager or owner of land has been taken to task over it. Up until that's done, there isn't a case law history on it so it could go either way depending on the circumstances. Under the law you need to take practical steps to ensure the safety of everyone (which might well includes those that don't get permission to enter). Where it gets crappy, is how do you ensure safety of people that won't do the right thing and get permission, as they have the intent to breach the law so signage won't work, fences and gates won't work, what else do you do?