This section looks at the legislation and court judgements that affect visitor safety and outlines your responsibilities under the law.
The principles apply to all countries in the United Kingdom and in the Republic of Ireland, although the legal duties may be imposed by different legislation. It can only provide a broad overview of the law and should not be a substitute for proper legal advice which may be necessary to answer specific circumstances.
The experience of our members suggests that, if you follow the principles and practices outlined in our MVSC publication, you are more likely to be successful in resisting claims made against you.
The Health and Safety Executive advises that investigation of death or serious injury to a member of the public in the natural environment is less likely if our principles had been followed.
The Brereton Heath case of Tomlinson v Congleton Borough Council has also been pivotal in reinforcing the notion that people should be expected to take responsibility for their own actions.
Section 1 of the Compensation Act 2006 helps to ensure that beneficial activities are not prevented because of the fear of litigation and excessively risk-averse behaviour.
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