cap n chris
Well-known member
Does anyone know whether this site is gated or whether access is simply a "walk in" job?
Browns Folly Mine
- Thread starter cap n chris
- Start date
cap n chris
Well-known member
graham said:Chris, ask the CSCC C&A Officer, he'll know.
Yeh, very funny. I'm rather hoping he'll know in time for the next CSCC meeting!
D
darkplaces
Guest
You have to crawl.cap 'n chris said:
D
darkplaces
Guest
I know what the current state is but would rather not make it clear publicly as for years now myself and many many others have resisted this automatic gating. I also am disgusted with AWT how they have treated the area, the attitude to the mine and erecting the horrid fence that was never actually used. I do not recognise any authority AWT have at all. They have become the worse type of vandals doing more damage to the area then kids have in the 15 years I have been enjoying the area, regardless of AWT.
The correct number of entrances and the state they are in is known to me.
And who had the stupid idea of putting the 'offical' sheet metal gate were it is, could they have picked a more difficult point to try and pull a casualty out. I think this is the gate nearest the car park which isnt a bat grill but a solid sheet of metal stopping bats geting in/out.
DP and the BSQRG do litter collections and clear pathways.
The correct number of entrances and the state they are in is known to me.
And who had the stupid idea of putting the 'offical' sheet metal gate were it is, could they have picked a more difficult point to try and pull a casualty out. I think this is the gate nearest the car park which isnt a bat grill but a solid sheet of metal stopping bats geting in/out.
DP and the BSQRG do litter collections and clear pathways.
cap n chris
Well-known member
Following consultations with HSE, Avon Wildlife Trust has gated Browns Folly Mine entrances on their land.
cap n chris
Well-known member
There is no access.
L
Lincolnshire poacher
Guest
As in thats it, no more access even for people who request a key from various key holders??. If so, on what grounds did the HSE want it gated?.
The way things are going there will be nothing left to see in Wiltshire soon.
cap n chris
Well-known member
HSE pointed out that AWT would be liable in the event of any incident befalling visitors to the site. To limit their liability AWT are therefore not presently allowing access. Fear (real or imaginary) of litigation strikes again. Blame the lawyers/your Mum etc..
A
andymorgan
Guest
I don't know why you can't just sign a waiver to say it is not their fault if anything happens
cap n chris
Well-known member
andymorgan said:I don't know why you can't just sign a waiver to say it is not their fault if anything happens
This old chestnut. Graham will give the proper quote but it goes something like this.
You CANNOT sign away your common law rights; even IF you sign a waiver, it is worthless in the event of something happening to you. YOU may agree NOT to sue someone but that doesn't mean that your WIFE, CHILDREN, PARENTS etc. won't sue. Put simply a waiver is useless and will not achieve what it sets out to do.
A
andymorgan
Guest
O I C!!
Rhys
Moderator
Not only that, but also, supposing you sign, then change your mind and sue anyway; You can't be forced to stand by your agreement not to sue, 'cos it's written in law that you can't sign your right to sue away. In other words, the waiver isn't legally binding.cap 'n chris said:andymorgan said:I don't know why you can't just sign a waiver to say it is not their fault if anything happens
This old chestnut. Graham will give the proper quote but it goes something like this.
You CANNOT sign away your common law rights; even IF you sign a waiver, it is worthless in the event of something happening to you. YOU may agree NOT to sue someone but that doesn't mean that your WIFE, CHILDREN, PARENTS etc. won't sue. Put simply a waiver is useless and will not achieve what it sets out to do.
Rhys
graham
New member
cap 'n chris said:andymorgan said:I don't know why you can't just sign a waiver to say it is not their fault if anything happens
This old chestnut. Graham will give the proper quote but it goes something like this.
You CANNOT sign away your common law rights; even IF you sign a waiver, it is worthless in the event of something happening to you. YOU may agree NOT to sue someone but that doesn't mean that your WIFE, CHILDREN, PARENTS etc. won't sue. Put simply a waiver is useless and will not achieve what it sets out to do.
That's near enough.
A
andymorgan
Guest
Is there any one who is a real solicitor, judge or magistrate who can confirm this? Anyhow I can imagine that things can vary on a case to case basis, so I suppose it isn't back or white; and hence why there is no access, as it is the easiest option.
Andy Sparrow
Active member
graham said:cap 'n chris said:andymorgan said:I don't know why you can't just sign a waiver to say it is not their fault if anything happens
This old chestnut. Graham will give the proper quote but it goes something like this.
You CANNOT sign away your common law rights; even IF you sign a waiver, it is worthless in the event of something happening to you. YOU may agree NOT to sue someone but that doesn't mean that your WIFE, CHILDREN, PARENTS etc. won't sue. Put simply a waiver is useless and will not achieve what it sets out to do.
I am not sure this is entirely true. A waiver will not protect from litigation but it can be offerred as evidence. Assume that someone signs a waiver to acknowledge their awareness that caving is dangerous and that they are expected to take a degree of responsibility for thier own safety. Now assume that this person attempts to sue after a very minor slip or trip. In this situation I believe that the waiver would be presented by the defence as evidence and could be influential in the decision of a judge or jury.