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jaysay 26-06-2008 09:37

Re: 13yr old boy falls
 
It appears that this day and age there are no such things as accidents, there is always some one to blame. Only this week there was an item on TV news regarding broken roads and footpaths, councils are now unable to do all the repairs to roads and paths because they ar paying out so much compo, its the big catch 22 position. When you consider how much tax motorists pay on road tax and petrol duty our roads are a disgrace and this is not a swipe at the present government its been going on for years, its time money raised on these taxes were ring fenced and has to be spent on road improvements, or is it all part of the big plan to get every body off the roads and on public transport:eek:

BERNADETTE 26-06-2008 10:22

Re: 13yr old boy falls
 
There is scaffolding round the building!! Wonder if thirteen year olds can claim they didn't know it was dangerous to climb up it:rolleyes: Or maybe to keep them safe it should be taken down every night;)

entwisi 26-06-2008 10:23

Re: 13yr old boy falls
 
Quote:

Originally Posted by blazey (Post 598518)
Interesting... she may actually win that, though I think 1 million is a little excessive!

At the end of the day, the lawyer with the best story wins :D I find land law very interesting!

Obviously the cows were likely to be aggressive at the time she got injured, and there isn't any reason why the farmer wouldn't know that... either side could win that case.

I think the boy trespassing case is MUCH more straight forward, unless he actually had to force entry into the premises.

There is never a straight forward yes or no answer to law, if there was then we'd use computers to give us the answer. Generally I think our law is a good one, though there are some patchy areas. Trespass to land is quite interesting though!

And this is exactly whats wrong with this country, too many lawyers with no common sense.

Lad was somewhere he knew he shouldn't be, his fault

woman with cow, this is a 1/2 tonne 'wild animal'. her stupid fault for being in its home.

derekgas 26-06-2008 10:24

Re: 13yr old boy falls
 
(quote jaysay) this is not a swipe at the present government

Can i frame this please! :D:D:D

The law should be cleared up once and for all with these things, I hope the lad is okay, but, he shouldnt have been there, if there are repairs required or measures necessary to keep people out, then the firm should be prosecuted, if the kid broke in, or is there theiving, then he should be prosecuted, injured or not, the firms should also display no trespassing signs just to cover thier backsides.

jaysay 26-06-2008 10:51

Re: 13yr old boy falls
 
Quote:

Originally Posted by derekgas (Post 598599)
(quote jaysay) this is not a swipe at the present government

Can i frame this please! :D:D:D

The law should be cleared up once and for all with these things, I hope the lad is okay, but, he shouldnt have been there, if there are repairs required or measures necessary to keep people out, then the firm should be prosecuted, if the kid broke in, or is there theiving, then he should be prosecuted, injured or not, the firms should also display no trespassing signs just to cover thier backsides.

Be my guest Derek, but its no use heaping this problem on the present useless lot, it hasn't copped up over night. On the other issue what hppened to the signs that used to be prominent when I was young, in as much as Trespassers Will Be Prosecuted, but I supose that stopping people going and doing exactly as they like is against there Human Rights init:rolleyes:

MargaretR 26-06-2008 11:03

Re: 13yr old boy falls
 
We have a thread which covered 'trespass' when we discussed the rights and wrongs of those cranks who 'explore' derelict buildings and take photos.

blazey 26-06-2008 16:38

Re: 13yr old boy falls
 
The law is based on common sense, so any lawyer that tried to apply common sense in court would likely lose their case.

You elect the MP's, not the lawyers alone, and then they make the laws, so who is really to blame?

cashman 26-06-2008 16:42

Re: 13yr old boy falls
 
Quote:

Originally Posted by blazey (Post 598750)
The law is based on common sense, so any lawyer that tried to apply common sense in court would likely lose their case.

You elect the MP's, not the lawyers alone, and then they make the laws, so who is really to blame?

don't matter who really, suffice it to say ridiculous laws that allow the "Wrong" to be "Right" n the vultures that feed on em should be shot like the carrion they are.;)

blazey 26-06-2008 16:51

Re: 13yr old boy falls
 
Quote:

Originally Posted by cashman (Post 598753)
don't matter who really, suffice it to say ridiculous laws that allow the "Wrong" to be "Right" n the vultures that feed on em should be shot like the carrion they are.;)

Well I think the law is correct in this situation. I go on many walks in the countryside and often it isn't clear which bits are and aren't the footpath, and if a farmer failed to signpost that I was wandering on to land that contained a risk to me and I got injured I'd be pretty annoyed.

It was designed specifically to make things like railways liable for children wandering through holes in fences on to tracks and things, and why shouldn't they be held liable for that damage to someone when they are expected to keep their land as secure as possible to avoid injury to the public?

If it was your child dead on the railway, you would want justice. No amount of money would make it better, but this law is designed to deter land owners from have unsecured dangerous land that may harm people. This law doesn't just protect those who immorally trespass onto land with the intent to commit crime, it never was intended for that, it was intended to protect the majority of trespassers who are innocently trespassing and have been injured.

I wouldn't stand by a law that in practice was ineffective, hence why I stand strongly by this one as it has done a lot of good in the past.

panther 26-06-2008 17:33

Re: 13yr old boy falls
 
The kid shouldnt have been on the building in the first place!

blazey 26-06-2008 17:37

Re: 13yr old boy falls
 
Everyone says claims like these are wrong until it is themselves or their own kids hurt and then all of a sudden all these left wing ethical whingers suddenly go all capitalist with the pound signs flashing in their eyes.

Everyone wants money, would you really not sue if it was you? I know I could use a few extra grand in my bank account.

panther 26-06-2008 17:41

Re: 13yr old boy falls
 
Quote:

Originally Posted by blazey (Post 598789)
Everyone says claims like these are wrong until it is themselves or their own kids hurt and then all of a sudden all these left wing ethical whingers suddenly go all capitalist with the pound signs flashing in their eyes.

Everyone wants money, would you really not sue if it was you? I know I could use a few extra grand in my bank account.

My son injured himself at school, we could have sued, but we didnt.......

jaysay 26-06-2008 17:51

Re: 13yr old boy falls
 
Quote:

Originally Posted by blazey (Post 598789)
Everyone says claims like these are wrong until it is themselves or their own kids hurt and then all of a sudden all these left wing ethical whingers suddenly go all capitalist with the pound signs flashing in their eyes.

Everyone wants money, would you really not sue if it was you? I know I could use a few extra grand in my bank account.

Why the hell do people see £££££ sins flashing up before their eyes whenever some one is hurt, the kid should not have been on the roof in the first place end off, and its only greedy lawyers filling their boots that todays ethos has emerged, Make somebody pay, and it want cost you a penny, big deal, there a bunch of over paid underwork leeches feeding off others misfortunes:mad::mad:

blazey 26-06-2008 17:59

Re: 13yr old boy falls
 
Quote:

Originally Posted by jaysay (Post 598800)
Why the hell do people see £££££ sins flashing up before their eyes whenever some one is hurt, the kid should not have been on the roof in the first place end off, and its only greedy lawyers filling their boots that todays ethos has emerged, Make somebody pay, and it want cost you a penny, big deal, there a bunch of over paid underwork leeches feeding off others misfortunes:mad::mad:

Well actually I'm speaking from the POV that the majority of british citizens earn minimum wage and it is often nowhere near enough to live on, nevermind have money to treat yourself once in a while.

He could sue and pay for an education, or put it in savings and use it to put a deposit on a house in the future. Why not gain from the misery?

I'm not a lawyer yet, so don't treat me like one. I am a student with no money, and yes, money does often motivate me. Does that make me a bad person? How many people do the lottery every week in the hope of winning millions? People NEED money, its not even a case of just WANTING it.

blazey 26-06-2008 18:03

Re: 13yr old boy falls
 
Quote:

Originally Posted by panther (Post 598792)
My son injured himself at school, we could have sued, but we didnt.......

I once injured myself at school, but there is apparently often a difficulty of proving injuries at school. I feel down a full flight of wet steps that didn't have a caution sign.


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