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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have put on the top of my fencing, plastic bird spikes to

Resolved Question:

I have put on the top of my fencing, plastic bird spikes to prevent birds using fence as loo, but my real reason is to stop foxes coming into my garden, & it is working, but a friend tells me if a burglar was to injure themselves, they could sue me.
If this is correct, then surely the law is an ass, as one is only protecting one's property.

R.F.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Are the plastic bird spikes likely to injure an intruder if one happens to climb over your fence?
Customer: replied 3 years ago.

Yes, they could injure themselves if they climbed over my fence, but this is my back garden, & the fences (all my fences) affected are all my neighbours back gardens also, to get into my back garden, an intruder will have to climb over my garage, or make an enter via a neighours garden.


 


R.F.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.Unfortunately you do have a duty of care to trespassers, burglars included, and if you are aware that the spikes are likely to injure someone, burglars or not, then you could be liable to them for damages for their injuries.You could put up a warning sign that trespassers or burglars could be injured if they try to climb over your fence with the spikes so that you would have a partial defence if anyone ever took you to court if they got injured. However, you could still be liable for damages, depends on the extent and nature of the injury and the court. Hope this helps
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