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Roof-topping injuries might lead to occupiers' liability claims

The term occupiers’ liability may not be one with which readers are familiar. In short, it is the type of claim that someone who has been hurt on the property of another, because of a failure of the responsible party to keep the premises safe, could make against that party. Examples of incidents that might lead to this type of claim include slip and falls on spills, debris or on icy sidewalks or parking lots. In addition, a claim could be filed if someone is hurt in a trip and fall or by a falling object. 

These are not the only reasons that someone could file such a claim. With the widespread use of smartphones throughout the nation, at any given time, many people have a camera on their person. They use the device to capture many things, in some cases, including the views seen in their urban exploring adventures.

Called roof-topping, in the course of this activity some people climb to high—and dangerous—heights, to capture an image of the view. While this activity could occur at many different buildings, iconic and new condos are popular with some explorers. According to one individual who is aware of the practice, the activity is most likely to occur when the construction on such a building is nearly finished.

While the resulting photos of a roof-topping excursion can be beautiful, they could pose a risk to all involved. In addition to possible criminal charges for trespass, those engaging in the activity could suffer serious injuries. In other situations, people who happen to be in the wrong place at the wrong time could be injured if something falls upon them from above as a result of someone roof-topping. In turn, those responsible for the upkeep of the building could face an occupiers’ liability claim.

While the outcome of such a claim would be dependent on a variety of things, it is generally a good idea for those in charge of a building to take reasonable safety measures to prevent trespassing including ,monitoring roof top areas, posting “No trespassing” signage and installing CCTV cameras.

R E F E R E N C E S l

1. https://www.reminetwork.com/articles/iconic-condos-prime-targets-for-rooftop-photogs/

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