Hard to imagine that this suggestion could be even remotely true.Someone suggested to my neighbor that he could be sued if someone into the bench or jumps off it and hurts themselves.
It's a picnic bench, what's the worst that can happen?As it stands, the bench seems to be no hazard at present. However, with the passage of time benches can deteriorate.
The more likely source of trouble is in the future if the bench becomes defective because nobody has carried out maintenance.
Who is going to be responsible for maintenance ?
Mention it to your local councillor. They should be able to sort it out.Can we add a sign "For Residents Use Only" to try and limit his liability or what should the sign say?
You'd think, but sadly we live in times where people successfully sue on a regular basis after the likes of tripping on a crack in the footpath. DCC alone pay out more than €10 million a year for injury claims.It's a picnic bench, what's the worst that can happen?
This isn't a crack in the footpath though. Is someone really going to sue if they end up with a splinter in their bum? Or if they lose a morsel of food between a crack in the table?You'd think, but sadly we live in times where people successfully sue on a regular basis after the likes of tripping on a crack in the footpath. DCC alone pay out more than €10 million a year for injury claims.
Well, wasn't there a recent case of two adult women suing for injuries obtained while messing on a child's swing in a public park?This isn't a crack in the footpath though. Is someone really going to sue if they end up with a splinter in their bum? Or if they lose a morsel of food between a crack in the table?
Adults messing on swings is one thing, but on a picnic table????Well, wasn't there a recent case of two adult women suing for injuries obtained while messing on a child's swing in a public park?
Two women injured while getting off child’s swing in separate incidents lose damages claim
Judge says ‘common sense’ would tell any adult they should not use swing for childrenwww.irishtimes.com
Admittedly they lost the case, but that's not to say a case of injury while using a picnic bench may not succeed, or in any event tie up a lot of court time and money.
Trips and falls in parks are high up on the list of claims.This isn't a crack in the footpath though. Is someone really going to sue if they end up with a splinter in their bum? Or if they lose a morsel of food between a crack in the table?
True. But how many of those claims are prosecuted against individuals?Trips and falls in parks are high up on the list of claims.
I don't see how this cut-and-dried product liability claim against a major retailer of garden products is in any way comparable to what we're discussing here.People can and do claim successfully for things like this.
The owners of the premises on which the faulty bench was located admitted joint liability for their failure to ensure the bench was safe. An unmaintained bench in a public space will eventually fail.I don't see how this cut-and-dried product liability claim against a major retailer of garden products is in any way comparable to what we're discussing here.
Yet you said, only last Thursday.An unmaintained bench in a public space will eventually fail.
Unless the elderly neighbour actually placed the bench themselves, they should have no liability assuming the bench itself is for for purpose.
Well, it turns out they did place it there themselves without the property owners permission, and so who do you think bears the responsibility for ensuring it remains safe and fit for purpose?Yet you said, only last Thursday.
Well, it turns out they did place it there themselves without the property owners permission, and so who do you think bears the responsibility for ensuring it remains safe and fit for purpose?
Mention it to your local councillor. They should be able to sort it out.
It's a picnic bench, what's the worst that can happen?
But mentioning it doesn't resolve the immediate liability question which was asked here. The likely outcome will be for the LA to remove the bench to protect themselves....which is why I suggested yesterday
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