Can we be sued for injuries sustained on our land?

Question

A neighbour is coming onto our land with builders, using the terms of an easement. If there are injuries, are we liable? Is there anything we should be doing to protect ourselves against claims? [We do not have the right to decide who to admit and who to exclude from the land. Permission was not requested]

Many thanks

Answer 1

It depends on the cause of any injuries. If there is something dangerous on your land - like a deep hole or a trench or a dead tree that's about to fall over, then you may be liable for injuries caused to visitors on your property by one of those, under the Occupier's Liability Acts. To avoid liability you can either make the dangers safe, or provide sufficient warning to the visitors to make them safe ( e.g. "WARNING: TRENCH GO THIS WAY INSTEAD -->" ) If the builders wander off the easement they're still protected as trespassers under the 1984 OLA, but you would only be liable if it was forseeable that they would wander off the easement, and you knew of a risk, and they weren't aware of it on starting their trespass, and you failed to warn them sufficiently.

If you're very worried about liable you could try to insure against the risk.

(Note that the position is different if they are using a public right of way, in which case OLA doesn't apply while they are on that right of way )

Answer 2

no as long as you didnt do anything to the area to make it unsafe...its an easement they take that risk

Answer 3

Any one can be sued for any thing.  That does not mean the person will win.

In order to actually win in court - you have to be negligent. You have to have done or not done something that caused the injury. For example: If you have a loose step on your front porch - you are busy and just did not get around to fixing in and I trip on the lose step - then you were negligent. You knew about the step and did not fix it.

If there is no defect in the step and I trip just because I am a klutz - then you are not negligent and would not be responsible for my injuries.

A construction company should have a license and workers comp insurance. If you see the construction guy (the foreman or GC) - go ahead and ask him about any insurance he has. Since they will also be on your property - it seems perfectly reasonable for you to ask them about insurance.

Answer 4

Yes. You even have a liability to trespassers. It should be covered by your public liability insurance. Notices saying that you enter at your own risk will not help and can be used to prove that you knew or should have known the area was dangerous. Not fair? Yes.

Stupid? Not always. It is basic English law that you are not permitted to set a man trap. If it is any consulation you are only expected to take reasonable precautions to protect visitors to your land.  The trouble is that what reasonable is depends upon who is looking at it.

Answer 5

I take it that you have home and contents insurance ? If so look at your policy most have public liability insurance included. For peace of mind phone your insurers.

Answer 6

Under those circumstances the risk of entering the land must be borne by the people who are using the land.

Answer 7

For a builder to legally be there he is supposed to be bonded. If he has no insurance then he probably has no permit either which makes the easement illegal.

Answer 8

You could be sued if your are judged to have been negligent, i.e. not taken reasonable precautions to ensure the safety of others.  As long there's nothing dangerous lying around and your fences etc are in reasonable condition, you'll be ok.