who is responsible

just thought i'd get your thought on this, your walking through a gateway onto a water, your gear is safely bungee'd to your barrow and all of a sudden a big gust of wind wraps the wrought iron gate round which smashes one of your rods! who is resonsible? yourself for not being vigilant enough to avoid the catastophe! or the club for not haveing the gate safely secured? or no one?

Defo not the club,.........Act of God,..........Claim of God................

yeah totaly understand where your coming from but if it was say a gate on the entrance to your drive you would be liable! so whats the difference?

I had a woman drive into one of our gates at work but the gate didn't move and she was in motion so it was her fault. If they had a way of retaining the gate in an open position they would not be liable at all because you chose not to use the retainer, hook or lever. Act of God is insurance way of not paying.

Your own fault for having far to much $h1T to carry on a Barrow

lol theres plenty room for more and its only match gear

it's no one fault ,its an unfortunate accident . If your looking to blame someone then try Wayne Rooney. Its always his fault

Nice one ,.at last somebody with some sence,.............

i know this didn't happen, but say the gate slammed shut on your hand marcus, would they be liable for compo then? Or would you just be even more unlucky lol?

lol yeah i would deffo be more unlucky and it did happen i am a fox warrior down, i still think there at fault, i have made a complaint and they said it was my fault for not walking through the gate backwards

as you do like! use the force next time and all this will be avoided.

there must be a retainer on the gate a catch or bolt to hold it in a safe open position for them to have no blame at all. if there isn't any then you do have an issue. If the wind blew the gate closed on a child there would be repercussions no doubt. I can't see that walking backwards is a solution.

there is no retainer at all just a free swinging very heavy wrought iron gate, plus the gate as a large piece of angle iron sticking out at knee height, even after i have complained they still have not attempted to secure the gate it beggars belief.

injury claim waiting to happen!!!!!!

marcus wrote:just thought i'd get your thought on this, your walking through a gateway onto a water, your gear is safely bungee'd to your barrow and all of a sudden a big gust of wind wraps the wrought iron gate round which smashes one of your rods! who is resonsible? yourself for not being vigilant enough to avoid the catastophe! or the club for not haveing the gate safely secured? or no one?

the responsible party is whoever is responsible for the maintainance of the gate, if its the club then they are liable if its the land owner again the same.
have you purchased a club/day/any other ticket to fish this water, if so then you have a two way contract with that body, part and parcel of this is your right to use the facilitys without puting your or any property of yours at risk of injury or damage. If the 'club has taken money and fails to provide a reasonably safe area and more importantly safe mode of accessto and within the area your contract entitles you to within the statute of the constitution, and any rules that may be in place, please note after the fact if changes to the gate are made even at the level of interpretation(signage) then that is usually considered an admission of fault so what was that about walking backwards

any loss of will perogative damages etc are covered under civil law withing the uk so go and get your rod back

simply put the 'owners' of the gate should make sure it is fit for purpose if it is not you as a paying customer have the right to claim damages from the owners.

i would just like to add to this discussion that i regularly fish Taylor Park and the gate on the Moxen street side is spring loaded and closes straight away so whats the difference