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Calculating the risk of access.


Byline: By Jennifer Jennifer became a common first name for females in English-speaking countries during the 20th century. The name Jennifer is a Cornish variant of Guinevere, deriving ultimately from Proto-Celtic *windo-seibaro- "white ghost", via Brythonic *wino-hibirā (cf.  Mackenzie Mackenzie, river, c.1,120 mi (1,800 km) long, issuing from Great Slave Lake, Northwest Territories, Canada, and flowing generally NW to the Arctic Ocean through a great delta. Between Great Slave Lake and Lake Athabasca it is known as the Slave River.  

Landowners across the North of England are being warned they face a new insurance challenge as the deadline looms for the introduction of new land access rights.

The Countryside and Rights of Way Act (CRoW), which gives people new rights to walk over large areas of open country and registered common land, comes into force tomorrow.

The legislation will first be introduced in the lower North-West and South-East regions of the country, with access to other parts of England and Wales England and Wales are both constituent countries of the United Kingdom, that together share a single legal system: English law. Legislatively, England and Wales are treated as a single unit (see State (law)) for the conflict of laws.  to follow over the next 12 months.

The introduction of open access will also mean new responsibilities for those who own and manage these areas.

"Many farmers and landowners are concerned that the introduction of open access will lead to a huge increase in liability claims and a surge in insurance premiums for all types of liability cover," said Gerard Salvin, director of Lycetts, leading independent farm and estate insurance brokers.

"However, insurance companies appear to be adopting a `wait and see' attitude regarding the right to roam and, in the short-term, premiums may not be adversely affected.

"The introduction of the right to roam will allow the public greater access to common land, therefore exposing visitors to a number of possible hazards. However, there is a great deal that landowners can do to protect themselves from potential litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 and to minimise the risk of any accidents."

Land managers are advised that they have a duty of care towards visitors using the land to ensure a safe environment.

Reasonable care must be taken to ensure that people do not suffer injury on open land. Alternatively, this duty of care may also be discharged by providing adequate warning of potential dangers, such as by providing signage.

In any case, landowners cannot be sued for any damage or injury caused by any natural feature of the landscape, such as trees, ditches or streams, or where people are properly using gates or stiles Stiles can refer to: People
  • Bert Stiles, short story writer
  • Charles Wardell Stiles, American zoologist
  • Edgar Stiles, character on the popular drama 24
  • Ezra Stiles, president of Yale College
  • Innis Stiles, singer, musician
 provided.

In all cases, land managers are being advised to take a good look at the risks inherent in their own individual business and take steps to eliminate, reduce or transfer those risks. An assessment should be carried out to identify all potential risks.
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Publication:The Journal (Newcastle, England)
Date:Sep 18, 2004
Words:369
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