Rojo Posted December 24, 2007 Report Share Posted December 24, 2007 (edited) Okay, quick background...Today while riding around the school i attend (on walls etc.) i found some pallets and set them up in the school grounds. This area is not used outside school hours and is flood lit. I found a couple of pallets in the school grounds and 'aquired' a few more around where i live. I am currently storing the pallets inside the school grounds behind an out building. The school is not near any houses / people and therefore i dont think noise is an issue.The question really is who has liability in terms of if i fall and ingure myself, is it the school or is it me? And also am i trespassing? Considering the fact that the school is a community high school and is used by lots of other people outside school hours. I suspect that it is the school which is not good news... I also have a feeling that i am indeed trespassing.Any help is greatly appreciated! Oh Merry Christmas everyone! Hope you have a good one!Rojo Edited December 24, 2007 by Rojo Quote Link to comment Share on other sites More sharing options...
liam-pantera Posted December 24, 2007 Report Share Posted December 24, 2007 your tresspassing and there liable . Quote Link to comment Share on other sites More sharing options...
JonMack Posted December 24, 2007 Report Share Posted December 24, 2007 If you fall and hurt yourself would you honestly try and claim from them? Quote Link to comment Share on other sites More sharing options...
Mark W Posted December 24, 2007 Report Share Posted December 24, 2007 Trespassing doesn't mean anything though. For you to get in any kind of trouble at all from it, the police have to ask you to leave and you have to say "No". As long as you don't do that you're fine, but if you do you kinda deserve it... Quote Link to comment Share on other sites More sharing options...
Dan_Trials Posted December 24, 2007 Report Share Posted December 24, 2007 It is your choice to go and ride on the pallets that you arranged how you want them, so therefore if you smash yourself it's your fault. As for trespassing there needs to be something to tell you, be that a sign or the police or whatever, if you are not informed how can you know? Quote Link to comment Share on other sites More sharing options...
Gavyn. Posted December 24, 2007 Report Share Posted December 24, 2007 your from edinburgh right so you know that you can be there if you want but if you fall off then it is your own fault and you wouldn't get any compensation the bye laws are a bit different up here remember.all of that only applies if its a normal school not a private payed one or that. Quote Link to comment Share on other sites More sharing options...
Dan_Trials Posted December 24, 2007 Report Share Posted December 24, 2007 (edited) Ah, never looked at the location! There are no trespassing laws in Scotland but the 'criminal damage and vandalism' law is a little tighter to compensate so watch out for that one. Edited December 24, 2007 by Dan_Trials Quote Link to comment Share on other sites More sharing options...
Rojo Posted December 24, 2007 Author Report Share Posted December 24, 2007 Ah nice one guys, i dont intend to stop unless told to do so... JonMack no you are right i wouldnt try and claim. lol.As for there not being trespassing laws, thats really interesting.Thanks for that everyone!Rojo Quote Link to comment Share on other sites More sharing options...
F-Stop Junkie Posted December 24, 2007 Report Share Posted December 24, 2007 I don't know if criminal damage could be pushed if someone wanted to, but i'd be more concerned about the school coming after me, and punishing me somehow.All depends on who sees you doing what and so on.Also if you're storing stolen pallets on school property, then that's a big deal too if someone goes looking for them and contacts the school... Quote Link to comment Share on other sites More sharing options...
Rumplestiltskin Posted December 24, 2007 Report Share Posted December 24, 2007 Which school are you riding at? You should come up to Bristo/Parliament/Festival Square more often. You'll bump into tonnes of folk and it'll probably help you progress quicker. Quote Link to comment Share on other sites More sharing options...
Krisboats Posted December 24, 2007 Report Share Posted December 24, 2007 (edited) There was a case that went through the courts a little while ago about a swimmer who came into difficulties swimming on someone elses land in their little river/lake thing. The person was very experienced in multiple forms of swimming so was well aware of the risks. The court ruled that as he was more aware of the risks than any average person the land owner was not liable that he nearly died. If you were to take them to court to claim compensation they could throq that at you as a test case and it should (in the effort of keeping the law fair all round) swing the judges decision because you obviously have a greater realisation about bikes and how potentially dangerous riding trials can be.Same can be said for any location really, universities and other good street locations etc, when the security guard comes out and tells you they're moving you on because they're liable for your injuries that isn't 100% accurate Edited December 24, 2007 by Krisboats Quote Link to comment Share on other sites More sharing options...
The Riddlers Posted December 24, 2007 Report Share Posted December 24, 2007 (edited) Tresspassing isnt a criminal offence. So you CANNOT be prosecuted. Its a civil offence. BUT IIRC in Scotland there's a 'right to roam' act instead (correct me if Im wrong).I ride round my local school all the time...infact its got the best trialsy stuff around!! Ive been turfed out before...by staff, cleaners and the police...but so long as your not damaging anything, or creating a nusance...there is diddly squat that can be done. ESPCIALLY if you can just wander in.But realisticly...what kind of bell is gonna prosecute for injuring themselves doing what they love?Keep riding it! Edited December 24, 2007 by The Riddlers Quote Link to comment Share on other sites More sharing options...
Rojo Posted December 24, 2007 Author Report Share Posted December 24, 2007 There was a case that went through the courts a little while ago about a swimmer who came into difficulties swimming on someone elses land in their little river/lake thing. The person was very experienced in multiple forms of swimming so was well aware of the risks. The court ruled that as he was more aware of the risks than any average person the land owner was not liable that he nearly died. If you were to take them to court to claim compensation they could throq that at you as a test case and it should (in the effort of keeping the law fair all round) swing the judges decision because you obviously have a greater realisation about bikes and how potentially dangerous riding trials can be.Same can be said for any location really, universities and other good street locations etc, when the security guard comes out and tells you they're moving you on because they're liable for your injuries that isn't 100% accurate Fantastic! That is good to have some evidence to back up my case. Thanks alot for that one. I do not intend to take anyone to court, even if i do nearly die. Primarily because i have to go to the school and i cannot imagine the head master would be very impressed! lol. Rumplestiltskin im riding in Balerno High School, just outside Edinburgh. I intend to come up more often when it is warmer and lighter (and when my exams are out of the way), i have only been riding for about a month so i want to get the basics sorted before i make a fool of myself! But if there are any rides or plans in the future i would love to be made aware of them!Thanks again, RojoTresspassing isnt a criminal offence. So you CANNOT be prosecuted. Its a civil offence. BUT IIRC in Scotland there's a 'right to roam' act instead (correct me if Im wrong).I ride round my local school all the time...infact its got the best trialsy stuff around!! Ive been turfed out before...by staff, cleaners and the police...but so long as your not damaging anything, or creating a nusance...there is diddly squat that can be done. ESPCIALLY if you can just wander in.But realisticly...what kind of bell is gonna prosecute for injuring themselves doing what they love?Keep riding it!Yeah you are correct about the 'right to roam' act i think. The school is definately the best place to ride in my village. I am not particularly worried about getting prosecuted because i am well known in the school as are my parents (my mum is a teacher there lol) I just wanted to know where i stood in terms of things.I certinally do not intend to stop riding there! Cheers, Rojo Quote Link to comment Share on other sites More sharing options...
Tamness™ Posted December 27, 2007 Report Share Posted December 27, 2007 Woop for riding at the High School. Even if they didnt like us there, we are still liked quite a lot by most of the teacher so I don't think they would go ape s*** if they knew. Quote Link to comment Share on other sites More sharing options...
BONGO Posted December 27, 2007 Report Share Posted December 27, 2007 I'M A BIT CONFUSED AS TO WHY YOU ARE ACTUALLY ASKING WHO IS LIABLE, WHEN NOTHING HAS HAPPENED??? aRE YOU PLANNING SOMEHTING??Twat, f**king caplock....Anyway, trespassing is a civil offence not a criminal offence. The police are poweless unless they have been requested to deal with by the owner of the land. In realisty, if a policeman saw you and you felt he should do somehting, he probably would, and you'd do what he said, but by the book, they ignore trespassing unless the land owner wants them to do something.As far as liability goes, they are liable for injuries on their ground, but if you hurt yourself riding trials, then nobody in the world would find the school liable as you're not walking past a wall, you're jumping off it. They won't get treated as 'liable' in court if it went that way, but they'll certainly use it in an arguement to make you f**k off if you get collared.Bongo Quote Link to comment Share on other sites More sharing options...
Rojo Posted December 27, 2007 Author Report Share Posted December 27, 2007 I'M A BIT CONFUSED AS TO WHY YOU ARE ACTUALLY ASKING WHO IS LIABLE, WHEN NOTHING HAS HAPPENED??? aRE YOU PLANNING SOMEHTING??Twat, f**king caplock.......BongoNo, i understand what you mean. I think what i was trying to say was... What if something was to happen? For example me to fall off and break a bone. Would the school be liable (not for me to be able to claim compensation) just in terms of the council etc. It sounds like a bit of a silly question now but it was after a discussion with my dad as he seemed to think that they would have a problem with it because of liability issues.Cheers for that BongoRojo Quote Link to comment Share on other sites More sharing options...
MadManMike Posted December 27, 2007 Report Share Posted December 27, 2007 Anyone remember the twat kids on that school roof that fell through it and sued the school?Why were they up there in the first place?f**k giving them money, should have fined them or locked 'em up for a bit! Quote Link to comment Share on other sites More sharing options...
Ladd Posted December 28, 2007 Report Share Posted December 28, 2007 I ride in my school all the time its mint , but the caretaker always comes out and tells us to go soo we do and come back later lol. only because theres like 4 caretakers who live on the school Quote Link to comment Share on other sites More sharing options...
Deonn h Posted December 28, 2007 Report Share Posted December 28, 2007 Why would you want to know whos liable? Im confused. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.