Barbed Wire on garden wall - Legal?

S

smarthinking

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We have barbed wire on the wall at the back of our garden, which backs onto a communal green. Is this legal / will we be in trouble if someone injures themselves on it?
 
Did you install it?? If so it is considered development and requires planning permission... other than that i cant help you with your query.
 
i believe it is not legal to put it up now but if it was there before u arrived then it's not your problem
 
therave said:
i believe it is not legal to put it up now but if it was there before u arrived then it's not your problem
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Are you sure about that? I thought that a property owner had sole responsibility for his/her property and any health and safety issues that may arise?
 
ClubMan said:
Are you sure about that? I thought that a property owner had sole responsibility for his/her property and any health and safety issues that may arise?
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I agree. I think it is legal but you leave yourself open to legal action for any injury caused by the barbed wire.
 
i know some solicitors offices which have spikes on the window sills outside obviously to prevent people sitting down on same. some old buildings have such spikes. i often wondering if a fella sat down on same with resultant injury could he claim compo
 
Well at least he could just shout his instructions in the window to his solicitor!
 
The barbed wire is Ok, but you better make sure that your Insurance company is made aware in the case of a claim.
 
I'm curious: do any of the people who've posted responses to this actually have any legal expertise, or are they just stating what they believe to be the case?
 
ang1170 said:
I'm curious: do any of the people who've posted responses to this actually have any legal expertise, or are they just stating what they believe to be the case?
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Neighbours of mine put glass on a wall in their back garden leading to a field. They had it checked out and that was the advice they got. If someone injured themselves trying to get into their property, they ran the risk of been liable but there was nothing to stop them doing it. As mentioned above, you would probably want to run it past your insurance company though.
 
From an English legal case where the defender of the property injured an intruder.

......It was held that the mere fact that the intruder was engaged in criminal activities upon the premises when he suffered injury, as a result of x's negligence, was not sufficient of itself to debar him from claiming damages for those injuries. The damages were, however, a reduced amount, to reflect the contributory negligence of the intruder.....


So IMO someone trying to break into your property who damages themselves from your wire may claim damages but may have the award reduced.​
 
not a legal person but have queried it with my solicitor in the past. advised not to put it up now but if it was there already then ok
 
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