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Judge Refuses To Award Compensation To Burglar
This young man was dreadfully injured when he jumped on a skylight and subsequently fell through it but I think the judge made the right decision here:
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Do you think this could be the beginning of the end of the so-called compensation culture? It appears the family did not use a 'no win, no fee' firm and have to foot the bill themselves.
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Do you think this could be the beginning of the end of the so-called compensation culture? It appears the family did not use a 'no win, no fee' firm and have to foot the bill themselves.
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Dredging the memory banks, but I seem to recall under the Occupiers' Liability Act of 1984 that a lower duty is owed to people not lawfully on premises (i.e, trespassers). I also seem to recall you aren't allowed to set 'traps', but anybody who overcomes obstacles to gain access, such as shinning up a drain pipe knowing full well they shouldn't be there, then they take their chances.
Like TTT I'm surprised anybody thought this action would be a success. If I were them I'd be asking the lawyers who advised them some very pointed questions!
Like TTT I'm surprised anybody thought this action would be a success. If I were them I'd be asking the lawyers who advised them some very pointed questions!
//He said he sympathised with Mr Buckett's family but ordered them to pay the council £150,000 in costs by May 4, with the total bill set to rise as high as £260,000 after the court makes a full assessment//
I'm assuming the family are not rich - so the council will not be getting any costs , or nothing anywhere remotely near 150k - so why bother awarding costs ?
Although i supoose , just in case they came into a fortune - like a lottery win
This case is local for me - the school is a couple of miles from where I live.
I recall when my wife was Head of a local primary school and she enquired about installing razor wire on the tops of fences to discourage vandals, and she was advised that any injuries caused to trespassers could involve the school in a civil legal action.
The same scenario applies here, although I do struggle with the concept of protecting intruders against injuries.
It does appear though that when tested on this occasion, such protection was found to be invalid, and the family will not win damages from the local council.
I sympathise entirely with this young man's lifelong cost for his adolescent stupidity, but I am pleased that a marker has been put down that holding businesses responsible for not protecting intruders is not something that the law is willing to entertain, which has to be a victory for common sense.
I recall when my wife was Head of a local primary school and she enquired about installing razor wire on the tops of fences to discourage vandals, and she was advised that any injuries caused to trespassers could involve the school in a civil legal action.
The same scenario applies here, although I do struggle with the concept of protecting intruders against injuries.
It does appear though that when tested on this occasion, such protection was found to be invalid, and the family will not win damages from the local council.
I sympathise entirely with this young man's lifelong cost for his adolescent stupidity, but I am pleased that a marker has been put down that holding businesses responsible for not protecting intruders is not something that the law is willing to entertain, which has to be a victory for common sense.
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