The occupier of land used for dangerous operations or for the storage of dangerous objects must prevent the entry of people likely to be harmed there, as well as the escape or removal of dangerous items.
- The Occupiers Liability Act 1957 imposes on an occupier the duty to take care that a visitor will be reasonably safe using the premises for the purpose for which he has been invited or permitted to be there.
- Under the Occupiers Liability Act 1984, there is also a duty of care towards trespassers. The Act lays down that if (a) the occupier of premises is aware of the danger; and (b) knows that a person other than a visitor may come into the vicinity of the danger, and (c) the risk posed by the danger is one against which he may reasonably be expected to offer some protection, he owes a duty to take such care as is reasonable to see that the person does not suffer any injury on the premises.
- Under the Mines and Quarries Act 1954, the owner of an abandoned mine, or one that has not been worked for 12 months, must fence it to prevent injury to persons or animals falling down the shaft.
- The Local Authority has power to require fencing to remove danger from an excavation on land accessible to the public from a highway, or on a place of public resort.
- If natural dangers, such as cliff edges, are fenced, the owner or occupier may then be liable if accident or injury results from failure of the fence. Thus the need for fencing of natural features must be carefully considered before any work is undertaken.
- The Highways Act 1980 imposes an obligation upon the owner of land adjoining a public highway (which includes public rights of way), to fence adequately anything which is a source of danger to people using the highway. However, where the source of danger is a drop in level, the owner cannot be compelled to fence, because the danger does not exist in or on his land. A fence which is part of the highway and protects the users of the highway from a dangerous drop is the responsibility of the Highway Authority. The Highway Authority may also be liable if damage occurs following the removal of such a fence.
