Blast from the past

[chillin out]

Here's one for you Abe,

Some time ago (when I was 9) I entered a railway yard (the fence was all broken down) and set about making a den with 3 friends. While collecting some material my friend found was we thought was a small tin of paint.
As he was having a little trouble opening it, I grabbed a large square nut (about 3x3 inches) and crouched over the top of it and whacked it in the centre. It was at this point we knew it was not a tin of paint.
The small yellow tin thing then immediately exploded into my face causing burns, scratches on my eyeballs and severe ringing in my ears. (To which the ringing lasted about 3 years). Also found out it was called a detonator, a warning thing that gets strapped to the track to alert train drivers know of a danger ahead.

Went home dad took me to A&E, they called the police....blah blah blah....
Eventually (2 months passed) I got a letter stating that the transport police were going to charge me with 'trespassing' and 'stealing by finding'. (which they later dropped)

Ever since it happened I have thought that I could have sued them, could I have done this at the time?

Chillin:):)

[Abe]

Yes you could have sued because despite the fact that you were a "trespasser" the railway owed you a "duty of care"

The fact that you were a minor would have mitigated any claims against you that you were tresspassing at the time because children will be children.......and people must be aware, and anticipate the possibility of children coming in and getting hurt

The railway has a responsibility to keep their tracks fenced in and safe from "persons" like you, unless you forcible smashed the fence down.

Also, when they left the "yellow thing" the duty of care was enhanced.

I suppose its too late now, but even where the council make a hole in the ground, and a child falls in, the council is responsible.

There is a lot of case law on this. I remember studying this area around around two years ago, there is a well known case where a child fell into a hole, and the kerosene lamp burst in flames.....

Your situation is very very similar

[Grizzly]

Yes you could have sued because despite the fact that you were a "trespasser" the railway owed you a "duty of care"

The fact that you were a minor would have mitigated any claims against you that you were tresspassing at the time because children will be children.......and people must be aware, and anticipate the possibility of children coming in and getting hurt

The railway has a responsibility to keep their tracks fenced in and safe from "persons" like you, unless you forcible smashed the fence down.

Also, when they left the "yellow thing" the duty of care was enhanced.

I suppose its too late now, but even where the council make a hole in the ground, and a child falls in, the council is responsible.

There is a lot of case law on this. I remember studying this area around around two years ago, there is a well known case where a child fell into a hole, and the kerosene lamp burst in flames.....

Your situation is very very similar

Abe
Because of that very type of liability, is it not the case that nowadays.
Anyone working for any "Civil service" organisation has to have at least £5,000,000 public liability?
Grizzly

[chillin out]

Damit.....instead of sitting here drunk, I could be sitting here a millionaire erm... drunker.

Thanks Abe, that has cleared my mind.

Chillin:):)