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Calling The Police Could Prove Costly

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Raffles
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PostPosted: 23:23 - 28 Nov 2013    Post subject: Calling The Police Could Prove Costly Reply with quote

Should you be a victim of crime, don't bother calling the police. Not only will they almost certainly prove to be unfit for purpose, they may end up doing a number on you:-
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Rogue_Shadow
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PostPosted: 23:31 - 28 Nov 2013    Post subject: Reply with quote

Tripped over a fence ...

A barrier, railing, or other upright structure, typically of wood or wire, enclosing an area of ground to prevent or control access or escape.

At least the Fence did its job Laughing
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Dave70
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PostPosted: 23:42 - 28 Nov 2013    Post subject: Reply with quote

A strange breed these PSCO's seem to be. I'd be more wary of them, than the actual proper plod.

I'd also question did she have adequate eyesight to carry out her job, as the article stated it was a three foot high fence she (allegedly) tripped over.
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orac
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PostPosted: 02:13 - 29 Nov 2013    Post subject: Reply with quote

Would she not be covered by her employers public liability insurance
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iooi
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PostPosted: 06:17 - 29 Nov 2013    Post subject: Reply with quote

Still at least it was higher than the one who was going to sue a garage for tripping over a kerb in a poorly lit area....
Dropped in the end as I think they realised what they were doing....
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danjameswhitt
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PostPosted: 08:33 - 29 Nov 2013    Post subject: Reply with quote

I feel bad. I actually laughed at this. Just to clarify, she went to a school for blind kids, and somewhat ironically, tripped over a fence she didn't notice?

Why do they employ these people.......
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P.addy
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PostPosted: 08:43 - 29 Nov 2013    Post subject: Reply with quote

Your job role puts you in front of drug addicts with needles and people with guns.

It is a fucking fence. Should have used your eyes Laughing
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Benno
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PostPosted: 08:45 - 29 Nov 2013    Post subject: Reply with quote

What the hell, so if someone's door is closed and I just walk right into it and break my nose, I can sue them for having a door?
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arry
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PostPosted: 08:45 - 29 Nov 2013    Post subject: Reply with quote

orac wrote:
Would she not be covered by her employers public liability insurance


No, public liability and employers' liability are two separate insurances.

Under the EL side, there's no breach of statutory duty here so you'd have to go with unsafe system of work or insufficient training which would be difficult in the circumstances.

Much easier to pin the land owner under OLA'57 which then falls to the Property Owners Liability insurer.
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arry
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PostPosted: 08:47 - 29 Nov 2013    Post subject: Reply with quote

Benno wrote:
What the hell, so if someone's door is closed and I just walk right into it and break my nose, I can sue them for having a door?


No - you'd have to prove that they were in some way negligent of your safety.

But if your postman comes to the door, puts a letter into the letter box and slices his hand open on a nail that's an obvious hazard then you'd be in breach of the OLA, because he's lawfully on your property and you owe him a duty of care.
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P.addy
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PostPosted: 08:57 - 29 Nov 2013    Post subject: Reply with quote

arry wrote:
No - you'd have to prove that they were in some way negligent of your safety.


So how can this cunt stain say tripping over a 3ft fence is the land owner being negligent Laughing Surely its the copper being completely unaware they are fucking retarded and they are required to open gates and climb over fences.

Derp Laughing
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arry
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PostPosted: 09:00 - 29 Nov 2013    Post subject: Reply with quote

Paddy. wrote:

So how can this cunt stain say tripping over a 3ft fence is the land owner being negligent Laughing Surely its the copper being completely unaware they are fucking retarded and they are required to open gates and climb over fences.

Derp Laughing


Well we don't know the circumstances - it could be that there was a nail hanging out of the top of it that, in the conditions, she got no chance of seeing and she's got snagged up on it, putting her to the deck.
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Rogerborg
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PostPosted: 09:01 - 29 Nov 2013    Post subject: Reply with quote

Happened in 2009. How is a personal injury claim being made over 3 years later? arry?
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arry
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PostPosted: 09:08 - 29 Nov 2013    Post subject: Reply with quote

Rogerborg wrote:
Happened in 2009. How is a personal injury claim being made over 3 years later? arry?


Would be outside of the standard limitation period. I can't see the courts ruling on an extension for this type of injury. One can only imagine that the notice of intent was served prior to the expiry of the limitation period and it's only now coming out of the woodwork.
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prawny1
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PostPosted: 09:09 - 29 Nov 2013    Post subject: Reply with quote

Do we know if she used the front gate entrance to get in?

If she did then she already knew it was there and was just not paying attention or forgot on the way out, that cannot be the land owners fault.

Also I would ask if the land owner was the one who called the police? if not then I would say the land owner should have no duty of care since they did not authorise or request the silly bitch to be there in the first place, and could not warn her about the fence because of that.

I would argue that since it is not public property the police should have had permission to be there.

I find it hilarious to think that probably not one of the blind kids ever fell over it, but she did, Laughing Laughing Laughing Laughing Makes you wander whether she would have even caught the kids that had been complained about, all they would need to do is crouch down and hope she didn't trip over them.

Can you even get a "caution low fence/ gate" sign?
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arry
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PostPosted: 09:22 - 29 Nov 2013    Post subject: Reply with quote

prawny1 wrote:
Do we know if she used the front gate entrance to get in?

If she did then she already knew it was there and was just not paying attention or forgot on the way out, that cannot be the land owners fault.

Also I would ask if the land owner was the one who called the police? if not then I would say the land owner should have no duty of care since they did not authorise or request the silly bitch to be there in the first place, and could not warn her about the fence because of that.

I would argue that since it is not public property the police should have had permission to be there.

I find it hilarious to think that probably not one of the blind kids ever fell over it, but she did, Laughing Laughing Laughing Laughing Makes you wander whether she would have even caught the kids that had been complained about, all they would need to do is crouch down and hope she didn't trip over them.

Can you even get a "caution low fence/ gate" sign?


This is all fine and dandy in your world as you see it, but that's not what the law books say.

As a land owner, you owe anyone that is legally on your land a duty of care. Regardless of who called who, she's legally on the property. Even the 'intruders' could, by some circumstances, be legally on the property.

Again, we don't know any of the circumstances. I'm presuming that since the action has been brought, it's got more than a 50% chance of success (otherwise no right minded brief would take it on) so there must be at least a hint of negligence and foreseeable injury.
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Frog
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PostPosted: 14:31 - 30 Nov 2013    Post subject: Reply with quote

Shouldn't that be...

arry wrote:
there must be at least a hint of negligence and foreseeable injury, or a section of law which legally applies, but which would (in this instance) be laughed at by any person with reasonable common sense


Question

We seem to be getting a few of these type of things with PCSOs. Reading their forum website is like a clubhouse for people on a power trip who've been given an ounce of power.
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arry
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PostPosted: 14:45 - 30 Nov 2013    Post subject: Reply with quote

Again, impossible to know without the full circumstances.
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TheBikerStig
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PostPosted: 14:59 - 30 Nov 2013    Post subject: Reply with quote

arry wrote:
Again, impossible to know without the full circumstances.


Yeah but I bet it was funny as fuck to see that split arse fail to see a 3 foot high fence and consequently go arse over tits. Even funnier when she is hopefully ridiculed in court over her ridiculous claim. Hope she catches her minge on barbed wire next time.
What these wankers fail to realize is that being a (decent) cop is intrinsically dangerous and therefore should accept these risks before accepting the job offer. If a bomb disposal expert doesnt disarm the detonator in time, does he (or surviving relatives) get to sue the terrorists who put it there? Or the owners of the land/property the bomb was planted on?
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Benno
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PostPosted: 15:21 - 30 Nov 2013    Post subject: Reply with quote

prawny1 wrote:
Can you even get a "caution low fence/ gate" sign?


Christ, next we'll be having "WARNING: BRICK WALL TWO FEET AHEAD" and "WARNING: OCEAN AHEAD, DO NOT PROCEED WITHOUT BLUE-WATER CAPABLE VESSEL"
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map
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PostPosted: 15:23 - 30 Nov 2013    Post subject: Reply with quote

Frog wrote:
We seem to be getting a few of these type of things with PCSOs...
TheBikerStig wrote:
...being a (decent) cop is intrinsically dangerous and therefore should accept these risks before accepting the job offer...

Said this before and probably will again...
PCSOs are not police officers.
IMHO they are glorified tea boys and girls.
They are not trained, they are just a sop to ease the public about seeing a uniform on the beat.

Also IMHO I would insist on them being prosecuted for impersonating a police officer. The Police Act 1996, Section 90 says...
Police Act Section 90 wrote:
...Any person who with intent to deceive impersonates a member of a police force or special constable...Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force...

No mention of PCSO in that at all. That would appear to be the law. I cannot find amendment to include PCSO. So why does it not apply then?
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Rogerborg
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PostPosted: 15:37 - 30 Nov 2013    Post subject: Reply with quote

I'm sure they'll all swear blind that the little blue "PCSO" tag is sufficient to show that there's no intent to deceive. Although that is of course the purpose of them, at least at the political level.
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hmmmnz
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PostPosted: 16:04 - 30 Nov 2013    Post subject: Reply with quote

you guys seriously need to have a.c.c.
this whole suing people is fucken shit, probably the worst thing about the uk, its not on really, people need to take some responsibility for their own actions
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Marcg868
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PostPosted: 18:20 - 30 Nov 2013    Post subject: Reply with quote

Suing for that!!!! I acutally feel a bit Guilty for trying to get some compensation out of East Lancs NHS. I'm employed by another NHS trust who said stick a claim in. But she is claiming for her own stupidity.

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fatpies
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PostPosted: 19:43 - 30 Nov 2013    Post subject: Reply with quote

Benno wrote:


Christ, next we'll be having "WARNING: BRICK WALL TWO FEET AHEAD" and "WARNING: OCEAN AHEAD, DO NOT PROCEED WITHOUT BLUE-WATER CAPABLE VESSEL"



Dude we are already half way there, next time you go shopping go look at a bag of peanuts. The back will have a warning, may contain nuts. Doh!
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