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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question concerning the Occupiers liability act 1957.

Resolved Question:

I have a question concerning the Occupiers liability act 1957. I own a large 10 acre field at the rear of my property with trees, a small river on the far side, but no public rights of way, permissive paths or easements. I would like to give written and conditional permission for two or three of my neighbours private access for dog walking. Can I safely avoid the cost of public liability insurance which is in excess of £250pa, by including a disclaimer in their conditions of access so I don't become liable for any claim for damage or injury to these people whilst walking their dogs.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes you can do this.

Alex Watts :

But the law does not prevent you from excluding personal injury because of negligence,

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you. Does the same apply to a trespasser getting into the field ?

Alex Watts :

Yes.

Alex Watts :

You can never exclude negligence in law

Alex Watts :

Does that clarify?

Customer:

Thank you again. But can I be accused of negligence if a branch comes off a tree in strong winds and hits someone; even healthy looking trees have branches coming off from time to time and we have a good many trees in our field.

Alex Watts :

All you have to take is REASONABLE steps. So what is reasonable.

Alex Watts :

If you knew about the branches were defective, it may not be unreasonable to have them removed

Alex Watts :

Does this clarify?

Customer:

Thank you for your assistance. Much appreciated. G.

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