Legal
‘There was a long history of complaints from residents about the problems caused by pigeons roosting under the railway bridge’
because its management of the building did not give rise to a duty to prevent the ‘unpreventable’ as the fouling occurred when the pigeons were ‘in flight’. In Matcham v Wandsworth Council and Network Rail (2007),
the claimant recovered £20,000 compensation in an out of court settlement. She slipped upon wet pigeon excrement whilst walking under a railway bridge in Battersea. On the evidence, it was accepted that there was a long history of complaints from residents about the problems caused by pigeons roosting under the railway bridge and falling onto the pavement. The claimant had sued the Highway Authority, which was responsible for cleaning the streets on a regular basis and also Network Rail as it was responsible for the maintenance and upkeep of the railway bridge. These cases indicate that the assessment of liability will be
a fact-sensitive decision, but the principle is established that, potentially, a claimant can recover damages for injuries sustained following a trip or fall caused by an accumulation of pigeon droppings. However, the claimant will need to demonstrate that: • The accumulation was sufficiently significant to have created a genuine slipping hazard and had become a real source of danger; and
• The claimant will be assisted if he or she can point to evidence of previous complaints about the accumulation.
In order to limit liability, it will be prudent for occupiers to take a proactive approach to these problems. At the very least they will be afforded with reasonable liability protection by implementing a proactive system of work for dealing with the hazard. Falling short of devising an appropriate method of eradicating
pigeons from premises entirely, regular and periodical checks and clean-ups of problem areas would appear to be the most practical method to deal with such a hazard, combined with any reasonably practicable structural modifications to provide a deterrent such as anti-roosting spikes. The use of raptors (birds of prey) is a controversial and
expensive method with no guarantee of success. Whilst some success has apparently been seen in open sites such as airfields, in buildings the problem arises from roosting. As soon as a raptor leaves the premises pigeons return to their roosts, rather than leaving the area. Chris Price is a partner in the Insurance Law Division at Langleys solicitors.
Products and services CILT
The Chartered Institute of Logistics and Transport in the UK (CILT) is an independent professional body for individuals associated with logistics, supply chains and all transport. It aims to be the focus for professional excellence and the development of the most modern techniques in logistics and transport and encourage the adoption of policies, which are both efficient and sustainable. CILT’s Rail Professional Sector reflects a major element of CILT’s traditional membership. The sector covers both passenger and freight matters as well as looking at strategic issues, travel planning, local transport, freight forwarding and passenger security. The Chartered Institute of Logistics and Transport (UK) Logistics and Transport Centre, Earlstrees Court, Earlstrees Road, Corby NN17 4AX T: 01536 740100 F: 01536 740101 W:
www.ciltuk.org.uk E:
enquiry@ciltuk.org.uk
If you would like your company featured here, call Doug Lewis on 02031 501 691 or email:
doug@railpro.co.uk
HEALTHCARE CONNECTIONS ANDREW MUIRHEAD
Proud defenders of workforce safety, Healthcare Connections offer a range of occupational health services to maintain the health and safety of rail employees and businesses throughout the country. From bespoke medicals and drug & alcohol screening, to health surveillance programmes, medication checking and absence management, Healthcare Connections understand your need for a flexible service, which minimises operational disruption and downtime. As well as celebrating consistent service in this Jubilee year, Healthcare Connections are constantly providing innovation, excellence in customer relations and flexibility. Kick start your workplace health in 2012 with their range of programmes designed to raise awareness of employee health & wellbeing: • Mini Health Assessments – general checks such as blood pressure, BMI, glucose & cholesterol • MOT Clinics – quick health reviews and other industry specific assessments • Toolbox Talks – presentations on any health related issue, eg. manual handling, healthy heart, sun awareness. Contact the National Operations Sales Team for information. Tel: 08456 773002
www.healthcare-connections.com
Andrew Muirhead – A Leader in Leather for the Rail Industry Comfort, safety and economy are all watchwords for modern rail design, and in courting the rail industry, Andrew Muirhead’s proven performance and safety levels have resulted in a new market emerging for the company. As the only leather company with test facilities approved by the Civil Aviation Authority, Andrew Muirhead has worked tirelessly to develop a range of products that also meets the exacting criteria of the world’s rail regulators. The distinctive Scottish leather has been approved to the highest standards demanded of railway interiors across the world, with Andrew Muirhead leather now found in trains in Europe and Asia. In the UK, First Great Western and East Midlands Rail have specified Andrew Muirhead, with the operators, designers and passengers alike benefitting from the enhanced comfort, hygiene and safety performance of leather. Telephone: 0141 554 3724
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MAY/JUNE 2012 PAGE 29
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