Gents

Is it true that in the UK if you now erect a high seat that it needs a safety warning fixed to it in case any passing member of the public happens to injure themselves on it.

A few years ago this would have been laughable but in todays world of compensation culture I could believe it true

Can anyone shed light on this

Tim

Tim,



I am not sure that there is any direct law stating that your highseat must carry such a notice, but its more a case what happens if someone is injured and it turns out the highseat did not carry the appropriate warning. I believe it falls in the area of Health and Safety which considers if you took "reasonable precautions" against such an accident.



You also have to factor this business of the public gaining the "right to roam" which means you can no longer say that the highseat was on private property etc, etc.



Another thing to consider from a health and safety aspect is when did you last inspect your highseat? Do you document you're inspections and if not, why not? Same thing goes for routine maintenance...when was that highseat last treated to a coat of wood preservative?



I am not sure how important these things are to the private individual who stalks, but for a forestry company, farm, or Estate that uses highseats, they really should be done along with things like a written risk assessment.



This health and Safety culture is another factor driving us towards compulory training and certification; a company would not let an untrained driver behind the wheel of a HGV, so why should that same company let an untrained individual loose with a "high-powered rifle" so the argument goes.



Regards,



Pete

If I did not have BASC insurance I would burn every one of my wooden high seats tomorrow.

BASC recently paid out to the family of a kid that was jumping up and down on a rung of a high seat trying to break it. He succeeded in breaking the rung and his leg from the ensuing fall (Darwin award.

Pity he didn't fall on his head.

You are liable for damages even if a trespaser injures themselves climbing you highseat.

The way to mitigate this is to:

a. post a sign on the seat.
b. ensure the seat is in good order and not a death trap.
c. put some kind of physical barrier in tyhe way of anyone climbing it - such as a chain or remove the bottom rungs.
d. get third party insurance up to �5m.

My firm manages estates accross the UK. We recently were sued by a trespaser who injured himself in a client's woodland. He was using a rope swing and fell off break a leg. The court held that there was inadequate signage warning of the risk of using the ropeswing. The partners are now paying a five figure sum to some scouser who is laughing all the way to the bank.

"Compensation" lawyers are lower than traffic wardens IMO.