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Do we need a sign?

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  • Do we need a sign?

    This is on behalf of Mr DT.
    His hobby is model boats, which include sail and power.
    He and some others use a local canal, with the owner permission.
    This canal has long been neglected but the owner has worked very hard, along with a band of volunteers to restore this bit.
    Last year they put a wooden pontoon in , again with permission to enable them to launch the boats.
    Mr DT is unsure about public liability insurance as fishermen and people launching canoes also use the pontoon .
    If he were to put up a notice saying something like " use of this pontoon is at your own risk" would that be admitting liability?
    Never give up, Never surrender.
    Tags: None

  • #2
    Re: Do we need a sign?

    Bump!
    Never give up, Never surrender.

    Comment


    • #3
      Re: Do we need a sign?

      [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=39710]des8[/MENTION]?? any idea??
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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      But please include a link to your thread so I know who you are.

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      • #4
        Re: Do we need a sign?

        just on the off chance [MENTION=4698]dogtired[/MENTION] ... have you any idea if the 'bit' of canal he uses is owned by the river authority (and leased) or owned outright??
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Do we need a sign?

          Apologies for not picking up earlier DT

          The only liability they have would be from their own negligence
          The basic legal principle is that you can never disclaim liability for
          injury or death caused by negligence. but I believe it is also potentially a criminal offence to attempt it. Although liability for injury or death caused by negligence cannot be disclaimed, damage to propertycan be excluded

          just to add as they are not a club or any such their public liability as individuals will probably be covered by their household insurance if it has public liability cover

          Comment


          • #6
            Re: Do we need a sign?

            Owned out right .
            There are as I understand it up three " owners" for various lengths of the canal.


            Originally posted by Kati View Post
            just on the off chance @dogtired ... have you any idea if the 'bit' of canal he uses is owned by the river authority (and leased) or owned outright??
            Last edited by dogtired; 7th December 2017, 06:30:AM.
            Never give up, Never surrender.

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            • #7
              Re: Do we need a sign?

              Thank you, nothing formal as a club as yet, but individuals paid for the materials to make the pontoon.
              The owner seems happy enough for them to use this stretch of water.
              If, as seems likely they will become a formal club next year ( still sorting out a bank that will deal with money)
              would a sign be necessary? At the moment Mr DT and some of the others are there at weekends.
              Its a popular dog walking area and there has been a permissive path along side it.
              There are course fish and again it has become very popular for this..
              I will try and get a photo to give you an idea but this is on my PC.


              Originally posted by des8 View Post
              Apologies for not picking up earlier DT

              The only liability they have would be from their own negligence
              The basic legal principle is that you can never disclaim liability for
              injury or death caused by negligence. but I believe it is also potentially a criminal offence to attempt it. Although liability for injury or death caused by negligence cannot be disclaimed, damage to propertycan be excluded

              just to add as they are not a club or any such their public liability as individuals will probably be covered by their household insurance if it has public liability cover
              Last edited by dogtired; 7th December 2017, 06:38:AM. Reason: Adding content
              Never give up, Never surrender.

              Comment


              • #8
                Re: Do we need a sign?

                Click image for larger version

Name:	canal fro the air.jpg
Views:	1
Size:	70.2 KB
ID:	1176933

                Taken in June at an "open" day.
                The pontoon is just in front of the two green gazebos.
                I think it looks like a high heeled boot! the heel part is the lock, sadly needs a lot of work to restore it.
                Ownership changes just beyond the bridge but currently too shallow for anything
                Last edited by dogtired; 7th December 2017, 19:32:PM.
                Never give up, Never surrender.

                Comment


                • #9
                  Re: Do we need a sign?

                  Originally posted by dogtired View Post
                  Thank you, nothing formal as a club as yet, but individuals paid for the materials to make the pontoon.So each is responsible as owner of the pontoon, and those who actually built it will have some iability
                  The owner seems happy enough for them to use this stretch of water.Has he not given formal permission? So he will possibly have some liability
                  If, as seems likely they will become a formal club next year ( still sorting out a bank that will deal with money)So they would be advised as a club to obtain public liability insurance
                  would a sign be necessary? disclaimer signs are hardly worth the cost of erection, tho' it might dissuade an unfortunate victim trying to sue At the moment Mr DT and some of the others are there at weekends.
                  Its a popular dog walking area and there has been a permissive path along side it.
                  There are course fish and again it has become very popular for this..
                  I will try and get a photo to give you an idea but this is on my PC.
                  Did you use a drone yourself to get the pic DT?

                  Comment


                  • #10
                    Re: Do we need a sign?

                    Thank you, has given him food for thought!
                    Yes they do have permission from the owner
                    The photo was actually taken by a small plane from a local airfield.
                    Cannot take the credit!


                    Originally posted by des8 View Post
                    Did you use a drone yourself to get the pic DT?
                    Never give up, Never surrender.

                    Comment

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