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Please consider the following hypothetical situation. A hypothetical person, Richard, owns a body shop. That is, he runs a business repair cars that have been damaged in an accident. In his parking lot, he often has several cars that customers have brought in for repair. He wants to safeguard these cars. As such, he puts up a 10 foot fence around the cars. In addition, around the fence, on the ground, he puts up barb wire. The barb wire is very hard to see especially at night with the lights off.

One night Joe, a car thief, climbs over the fence and jumps down into the barb wire.Joe could not see the barb wire because the parking lot was not well lit. Once there he cuts himself and is stuck. As a result, Joe has to call the police for help. The police arrive and then take Joe to the hospital. They also arrest him for attempting to steal a car and on the warrant he has outstanding for stealing a car.

Does Joe have a civil case against Larry?

Michael Hall
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Bob
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1 Answers1

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The Occupiers Liability Act 1984 obliges you to protect trespassers on your land from foreseeable harm. So erecting a deliberately harmful measure is illegal.

This page states

Should booby-traps be legal?
. . .
In 1996, 76-year-old William Newbery was sleeping in his tool shed to deter thieves when two men in their early 20s tried to force their way in. Mr Newbery fired a warning shot and accidentally injured one of them. Denied his haul of freebies and peppered with shotgun pellets, the assailant decided to sue his would-be victim on the grounds that he’d neglected his duty of care to trespassers, and won.

Weather Vane
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