Why isn't spiked fencing illegal?

[HeadingNorth 11]

I wouldn't have called it a 'foregone conclusion': the question, I would think, is how lawful a use of a highway is "inebriated staggering"?

 

 

That wouldn't matter. Barbed wire is likely to cause injury to people and animals lawfully using the footpath, if it runs alongside. Anyone who trips, stumbles, or any animal which doesn't understand barbed wire and runs into it heedless, is going to get hurt. Ergo, the owner of the wire will be liable.

[danot 10]

Two entirely different issues.

 

Criminal law - yes it's legal, if it isn't intentionally used to injure, or likely to (issues of recklessness).

 

Civil law - you can certainly be sued if someone comes onto your land, and injures themselves. Case in point? Tony Martin. Excessive force used to stop a burglar.

 

I've ran cases, in fact, I've closed one today, that are similar. Man walks on neighbours garden to cut hedge, injures himself on hazard (in today's case, a defective drain cover). The result is a successful claim. The Occupiers Liability Act applies to trespassers too, and the old volenti and ex turpi arguments are irrelevant.

That's what I thought, makes you wonder why it's allowed on small -medium height fencing?.

[Moosey 10]

A bad example, because Martin was guilty of a criminal offence.

 

Fair point. There's loads of other examples I can give you of civil liability, including the case I settled today.

[Moosey 10]

That's what I thought, makes you wonder why it's allowed on small -medium height fencing?.

 

It's a good deterrent, but then again, so are massive rose bushes, which are entirely legal, and look quite nice too.

[Aries22 10]

I hate the stuff, meaning in relation to cats and other animal getting hurt. A burgela alarm does the same without hurting anyone.

[danot 10]

It's a good deterrent, but then again, so are massive rose bushes, which are entirely legal, and look quite nice too.

Yes' it might be justified when deterring criminals that might be attempting trespass, but where is the line drawn in respect to all none criminal related injuries?.

[Rupert_Baehr 10]

It's a good deterrent, but then again, so are massive rose bushes, which are entirely legal, and look quite nice too.

 

Pyracantha are even better ... Some varieties of Berberis (aka barbarous ) aren't bad, either.

[danot 10]

When any access into the property requires braving barbed wire? What's wrong with the kid? Can't use a doorbell? Doesn't have any manners to ask permission?

What about when kids play on none-residential areas. Asking permission to claim a stray football isn't always possible .(and yes, I know children should have more sense than to climb spiked fences but, what do you do?

 

Posted by Loob

I doubt very much a Judge would side with the kid/parents. Feel free to supply a precedent, in which I would be interested.

Agreed.

 

Posted by Loob

If the fence is only 6ft high, but no barb protrudes beyond the fence boundary adjacent the highway, then the barbed wire is still unlikely to be injurious to persons or animals lawfully using the highway.

I'm aware of that, although erecting a six foot high fence is hardly taking sufficient security measures is it?. Therefore, the addition of barbed wire, spikes etc, is only there to inflict injury, Therefore, shouldn't there be hight regulations on security fences under the public health and safety act?... just a thought.

 

Posted by Loob

The fact that the fence is scalable is neither here nor there: scaling the fence is not using "lawfully using the highway" adjacent the fence, is it?

 

Nice try, but you're still in the starting blocks Must be all that amazement that's transfixed you

Yes I know it isn't "lawfully using the highway", But I'm not talking about that, I'm talking about spikes fences that provide little if any protection with regards to security.

[poppins 10]

Good God reading these post, where abouts in Sheffield do you all live ?

[truman 10]

I'm talking about spikes fences that provide little if any protection with regards to security.

 

A school near us was plagued with breakins...they put up a spiked fence and have had no more problems...coincidence? Maybe.......

[danot 10]

A school near us was plagued with breakins...they put up a spiked fence and have had no more problems...coincidence? Maybe.......

I'm not questioning their effectiveness in deterring trespassers. I'm discussing what the purpose of the spikes are.

[truman 10]

I'm not questioning their effectiveness in deterring trespassers. I'm discussing what the purpose of the spikes are.

 

Errr I think you just answered that.... ?