13yr old boy falls
 

Apprently broke his legs after TRESSPASSING on the old commercial building. What a shame eh.

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Id sue his family for any damage.

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Was surprised there wasn't a thread on this Blackburn Road was blocked off and the firebrigade were lowering him down when I was round that way.

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there but fer the grace of god i say, used to love old buildings when i was a kid, was a great adventure, until one night a kid that used to come down, fell off the roof of the hippodrome into ellison st n was killed. its what lads do alexs.

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Seems as if our Alexs was the most well behaved child ever, hope the lad is okay

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Occupiers Liability Act 1984 creates liability of land owners for trespassers injuries on their land.

If the land is dangerous AND accessible then why shouldn't they be held liable for it? Any dangerous land should either be secured and/or sign posted about the dangers efficiently so that it is clear that trespassers accept liability for their own risks.

If there was a hole in a fence somewhere and your kids climbed into it and broke their legs I'm sure you'd sue over it too, I know I would. If this lads done something similar then I hope he does sue. Why should land owners get away with things like that?

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Blazey the kid didn't fall down an open mineshaft , motorways and railway tracks are accessible but that doesn't mean children can play on them , and I'm sure you back up the crazy woman in Preston who is suing a local farmer for one million GBPs because she got tupped by some cows whilst walking across a his field . How long before we hear from some Mother of an ADD/goofy kid suing because of the emotional distress caused by a nettle sting in a local park ;) ;)

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A presentation on this area of law was what got me into university, I find it very interesting. Funnily enough I made a joke similar to the woman who is suing over the cows, except I use the example of pecking chickens.

I wouldn't like to represent her because the Animal Act 1971 comes into play and there is a law saying that an animals behaviour has to be seen as dangerous and predictable for the land owner to be held responsible, and of course the damage has to be sufficient, and being tupped by a cow certainly isn't!

However being able to get into a dangerous building is in my eyes worthy of a strong case, and I would most certainly take up that one :p

Of course I love a challenge, so bring on the cow case lol.

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here you go http://www.telegraph.co.uk/news/ukne...n-damages.html

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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!

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"Boys will be boys" so they should suffer the consequences of their actions........not expect a big payout because they have been stupid.

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Before I get jumped on (for voicing my opinion) the owners of the properties in a dangerous state should be prosecuted to the fullest extent of the law.........hope that covers my back.

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Theres been 4-5 lads and agirl in there all week nicking the scrap copper piping and wire, if they get hurt serves um right:)

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i wont jump on yer lynx i agree, that though is a differant arguement,whilst its what kids do in old building,they should not be there. n if ya read some posts on here ya may just see why the countrys in a mess with these stupid sue em laws.:mad:

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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:

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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;)

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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.

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(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.

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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:

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We have a thread which covered 'trespass' when we discussed the rights and wrongs of those cranks who 'explore' derelict buildings and take photos.

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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?

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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.;)

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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.

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The kid shouldnt have been on the building in the first place!

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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.

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

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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:

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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.

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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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the boy you all talkin about is the son of my friend, yeah u all rite, the same way i feel,that kids shoudnt been on that building on the 1st place, at 13 im sure u know tht it is wrong to go in places like that, but there u go, like someone said earlier, boys will be boys

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Well blazey if that is the only reason your taking a law degree god help us all, People go to work for money, but that was never what drove me, I also loved doing my job, Its was an added bonus that I got paid for doing something I always wanted to do and whats more enjoyed doing.

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I don't even know how much lawyers earn yet :p I suppose I will find out in a few weeks though.

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"But there is one way in this country in which all men are created equal-there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court."

- Harper Lee, To Kill A Mockingbird

Anyone who believes the above quote in this day and age truely has ones head up ones backside!!

Best Regards - Taggy

Re: 13yr old boy falls
 

hope the lads ok , years ago a friend of the family fell through pilkingtons bus depot roof and was in a bad way for a while , luckily his head just missed an object that would have killed him for sure, i dont think he went back up on a roof for a while either

there used to be derelect buildings where aldi used to be and all the kids used to play in them and on the roofs,teenagers especialy boys like to explore and occasionaly some get hurt its a fact of life and shoulnt be sueable

whats that old saying

if you fall off that roof and break both your legs dont come running to me

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i think it works on a scale , those willing to tell more lies and twist the truth more get paid more so basicly its down to how low your morals can go as to how rich you will become ;)

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How long have they had morals accyman, anybody who will defend scum like Bradey Huntly Neilson ect will sup with the devil:mad:

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Aren't you confusing them with politicians? Hold on you're not. Aren't a sizeable proportion of the House of Commons lawyers by profession?:)

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At least you were lucky - you landed on your head.Anywhere else you could have done some damage.:hidewall::)

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theres a lot of money to be made out of getting the guilty to walk out of court free just look at the OJ simpson trial ( younger readers dont worry marge isnt dead ) his solicitor became the hottest tallent in america and made millions out of the case he won even though he knew simpson was guilty as sin

he also dragged decent peoples reputations through the gutter by branding them racists and hurt a lot of peoples lifes and careers

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how ya know it hasnt?;)

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Is he indeed well pass a message on please....

Keep out of other peoples property next time then you wont get hurt will you! Its your own fault and if there is damage to the building caused by you id sue you or your parents for it.

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Nice guys finish last.

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Thats right blazey, to a degree, but it is also the reason I have many happy customers in Accrington, and travel a fair way on my reputation, I will never be rich, but can sleep nights and will surely go to heaven when I die, as jaysay said earlier, it is very nice to do work you really enjoy, and its a privelage to be paid for it too. It possibly wont be a nice guy who owns the factory, the lad may well be a nice kid, but he could also have been a dead kid, through his own stupidity, the biggest fault the building owner has in this case is perhaps lack of signposting and maybe a lack of maintenence, but if it is derelict, it aint earning him any money.

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and everyone loves a bastard :D

thats the way the world goes ;)

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well maybe she ought to find out where and what her son is up to.....

(ops she does now after the stupid git nearly killed himself)

another idea would be for parents to pay the bill maybe that way it would make them keep a better eye on their off springs......

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Who is at fault though for not installing the signs, the farmer or whoever says that footpath is a safe public right of way? Also if she did wonder off the public footpath whoose fault is that? I don't think the farmer should have to signpost a path which is not in reality his. If it was his he could close it off when it is not safe to use, he can not close the footpath as it is a public right of way.

If he can not close of the path when it is dangerous to use then he is in effect being denied the use of his own land.

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These are all points that will be raised in court. As I have said time and time again, the law isn't black and white, nor does it provide simple yes and no answers to every problem. If it did we could just use computers to solve the problems.

I haven't studied land law yet, at least not in any depth, so I do not know which result is likely. Will just have to wait and see.

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I was hoping we could have a little debate on the topic. It could have been interesting.

Thats the last time I make a serious post on here :p:D

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I could debate the topic til I'm red in the face but no oubt some smarmy so and so will try and tell me I'm wrong :)

One of the first things we're taught in law school is that there is no such thing as a wrong answer, just a answer that isn't backed up with evidence and sources.

I can give you all the relevant law on this point, but no cases, and no doubt someone would say 'its bad law' when in fact this law isn't bad at all, its just misused.

The law is due to change I believe on trespassing to give rights back to the land owner regarding illegal trespassers, but I'm unsure whether its happened yet because its not something I've been following.

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The law should be 'trespassers may be shot'

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Yes I can see how fair that is to innocent trespassers. And children too who play on land.

Who needs fox hunting when we can shoot children instead?

What a brilliant idea, can't believe I didnt think of it.

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And ya call me sarcastic:rolleyes: