Rural Jersey Winter 2020

Page 64

PROPERTY

The unexpected can always happen. | Photo: Gary Grimshaw

"Mind your head..." the duties of occupiers to visitors

By BCR Law Partner Jeremy Heywood

I

grew up on a farm in the north of England. It was a great place to be a child - my siblings and I (my parents have six children) had hay stacks to climb on, a beck to swim in and float rafts on, trees to climb and all sorts of out-buildings to explore. It was great fun, but farms can be dangerous places. I was put in mind of this by a recent story from back home. The Deputy Head Teacher of my old school (Richmond School) was, it appears, tragically trampled to death by a herd of cows whilst out walking his dogs.

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In general, those who occupy property are potentially liable to those who suffer injury whilst on that property. This is known as “occupiers’ liability” or “public liability”

Obviously, the details of this incident are still unknown and investigations are continuing. It got me thinking more generally about the dangers inherent on farms and what the obligations on farmers are. In general, those who occupy property are potentially liable to those who suffer injury whilst on that property. This is known as “occupiers’ liability” or “public liability”. The basic principle is that an occupier of property owes a duty of care to those who visit that property to take reasonable precautions in response to reasonably foreseeable risks.


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