Burglars and barbed wire, what's the law ?

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Whats the law?

Er....Not sure exactly what the law is, but I may be able to tell you how it got like it is.

Ive waited until the thread has gone cold so I dont disturb it.

I am not suggesting its either right or wrong, just the basics of how it works.

Land owners do not like people tresspassing on their land.

They used to take steps to stop it.

By land owners, I mean people who own huge estates and treat them private gardens.

I havent read the original case, but I understand that kids were taking a shortcut across an estate to avoid walking a couple of extra miles on the way to and from school. The landowner cripled several with actual bear traps. These things have a plate and two jaws. You tread on ther plate and the jaws smash your leg. The contraption is chained down so the victim doesnt get away.

The government passed an act outlawing bear traps. Im not sure if it covered all traps or just things set that could cripple or kill people.

 

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Some time later, some kids were playing near a mine.

There was a chain and bucket thing, a bit like a ski lift that pulled slag from the mine and up a hill.
The kids discovered they could grab the chain, get pulled up the hill, then let go and slide down the slag heep.
One froze and didnt let go and lost his fingers when he went roung the cog thing at the top....
Turns out the mine owners knew the kids were doing this and knew the risk they were taking.

There was a railway line running behind a nursery school.
The fence had fell down.
Not sure how many children died.
The rail workers knew the fence was down and knew the kids were playing on it, but as there was a sign saying "No tresspassing"...

 

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The Government was fitting gas mains and supplies to houses.

There was problems with leaks.

I assume there were some pretty big explosions that prompted the government to pass an act to grant gas men the right to enter any property when hunting for gas leaks.

The government granted access to a range of people. Ive forgotten exactly who is on it other than the gasmen.

I believe it was a gasman that was looking for a leak when he tried the metal door handle on the outside of a house that had been plagued by kids knocking and running off. The knob was wired to the mains...

 

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Because of all the public outcry...

The government ended up passing an act that made all landowners householders and tennants should have a duty of care for people on their land - regardless of whether its someone taking a shortcut, someone on an emergency or even someone who could be up to mischief.

The act basically says you must take reasonable care not to set up anything that could injure any visitors - invited or not.

 

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I understand that each time a case of this sort comes before a court, they pretty much start out by trying to establish whether it was known that people were likely to be caught and possibly injured.

They then look at whether it was deliberate or negligence, or simply unforeseen....

 

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Btw...

The courts see "Beware of the dog" signs as evidence the owner knows his dog is dangerous, leaving theownere wide open to prossecution if the dog hurts anyone.
Keeping a known to be "dangerous dog" is seen in the same way as setting up a mantrap....