Monday, 29 June 2009

Pick-your-Own rubbish !

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I don't like to have too many moans......but this sort of thing really does make me cross.
What sort of society are we all going to end up living in?

Well, the latest from the "elf 'n safety" plonkers is stating that..." pick-your-own fruit farms could be hiding a host of hazards within their hedgerows."

Mr Boddington, the farm owner said:
"To us it’s a pick-your-own farm but to the insurers and the health and safety people it’s a strawberry factory."
‘The insurers want us to cotton wool the place by adding walkways and bridges, and making restricted zones with cordons.
‘They even wanted us to put handrails in. It is a sad day when a pick-your- own farm is closing because of heath and safety fears."
It appears this all started about a year ago, when an elderly lady filed a claim against the farm’s insurers over a fall that left her in hospital.

Mr Boddington, went on to say: "With that claim, our insurance premium more than doubled. It was already in the thousands of pounds and that was far too much."
"‘A guy from the insurance company came out and assessed the whole site and said we needed tape or a barrier around any hazard such as a hole in the path or field."

A statement on the farm’s website read: "It is with much sadness that we have had to make the decision not to open to the public."
"Firstly, we have been advised that we would need to implement radical refurbishment of the fields to make them safe for you, and the cost of this would be more than any turnover we generate."
"Added to this the cost of insuring you all just in case you injure yourselves while here has also rocketed to more than the turnover."
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People are so stupid, so lacking in responsibility for their own actions. By suing people left, right and centre, they are hemming themselves in more and more until it will no longer be possible to do anything but stay in bed all day.

"Elf 'n safety" is a repressive regime that stifles the population and its freedoms, while serving to propagate the "it's someone Else's fault" mentality.

I blame the eu, because they are the ones who put this law in place, and where most other eu countries don't bother applying it, the idiots here, follow it to the letter without deviating from the script, and forgoing common sense.
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7 comments:

  1. Amen to that. It's gone too far. Kiddies of certain heights and weights are excluded from certain fun rides. They could make people do a spatial awareness trial and agility test before they are allowed through the gate. The trial and any resulting entry through the gates should be strictly at the person's own risk.
    In a little show I'm in, I've to get picked up, hung over someone's shoulder like a sack of potatoes and bounced up and down upside down. It's a great laugh. Maybe I could get dropped on my head but I most probably won't. I imagine I'd instinctively put my arm out and break that instead and have a good laugh about it. Whose fault would it be? Mine for agreeing to it.

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  2. Before any smart alec does this before me, I have to mention (because I'm supposed to know about these things) that, put very basically, businesses can't contract out of their liability for death and personal injury. Disclaimers and statements of the type I mentioned would be of no effect.

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  3. You say businesses can't...but what about you and I with our homes?
    Can I put a notice on the gate saying "Enter at you own risk"?
    Or if the 'postie' trips on my step does my home insurance just have to cough up?
    Do you know...before I can play the organ in public places I need public liability insurance cover for £5M.
    (Yes £5 MILLION)

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  4. Oh my! I thought this litigation problem was only in America, and a result of our having too many lawyers with not enough legitimate income and insurance companies scaring us all for their own profit. Sorry to hear you're suffering from it as well.

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  5. I was playing safe when saying businesses because I can't remember the law relating to private people and can't be bothered to look it up because I' doing yet another file for the Boss that's been asleep for 2 years and now the person is angry. This query about liability reminds me of exam questions. You can buy books of past papers. Anyway I do think it is as you say with the postie. Wonder if your house insurance covers it. Occupier's Liability Act 19-something (1957 maybe?). It's very interesting and there are great cases to read. But I think liability is be subject to you knowing of the risk and the likelihood of injury being caused and there's always contributory negligence on the part of the injured person. Or maybe the postie's insurance would pay.
    5 million? When I was with a public authority our policy was to ask people to get insurance for personal injury of £2m. Wonder if 5m is now the norm. Shows how the claims must have escalated.
    Some say all this came from us copy-cattiing the Americans.

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  6. Hi Jan,
    I don't think it has got quite as bad over here yet.....but there is a lot of "compensation culture" about.
    Hi Foody,
    I think it is OK if 'you have taken reasonable precautions to avoid injury'.
    If you go out walking, as you do, and sprained your ankle by putting your foot in a hole on a public footpath...
    is it right to sue the council?
    One wouldn't expect them to go around filling in all the holes on footpaths.

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  7. Well it might depend on how big and deep the hole was. Also, remember it's the OCCUPIER's Liability Act. It extends to trespassers too. Oh, I don't know the answer. A lot of our law is decided by reference to case law. You could browse on the internet for actual court cases about similar scenarios.

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