Anyway,
Back to the horses [and I hate the things by the way]… The trouble with horse yard owners, is they are all complete nutters and want it both ways. If you think horses and their owners are a nuisance, simple answer; DO NOT HAVE THEM THERE…. They all seem to forget that they are paying customers…
Anyway, a horse is a "prey" animal, this is why it has eyes on the sides of its head, the better for spotting something that may want to come up and eat it. Compare this to a cat for example, that has both eyes on the front of its head, the better for "target acquisition"
Anyway, a horse has funny eyes that take a lot longer to re-adjust to the dark after being in the light, so, you suddenly switch off the lights, and the thing is liable to freak out as it presumes that this is part of a plot to bring about its undoing; This is not good…
Now remember what I said about if there is an accident you can kiss your yard goodbye?? Well, best you read this then……
Liability
Engineers have a criminal liability under the Health and Safety at Work Act 1974. Particularly important are two clauses in the legislation:
Clause 3: General duties of employers and self-employed to persons other than their employees.
[SIZE=12.5pt](1) [/SIZE][SIZE=12.5pt]It shall be the duty of every employer to conduct his undertaking[/SIZE][SIZE=12.5pt] in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety. [/SIZE]
Clause 40: Onus of proving limits of what is practicable etc.
[SIZE=12.5pt]In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement[/SIZE]
[SIZE=12.5pt]to do something... so far as is reasonably practicable ... it shall be for the accused to prove ... that it was... not reasonably practicable to [/SIZE]
[SIZE=12.5pt]do more than was in fact done to satisfy the duty or requirement.... [/SIZE]
[SIZE=12.5pt]There is also a civil liability in contract where the designer has a design obligation to exercise ‘reasonable skill and care’. Finally, the engineer has a civil liability in negligence – a common law concept of the scope and the duty owed by one party to another.[/SIZE]
Now, as it is "reasonable foreseeable" that there will be dangerous consequences in the event of the lights suddenly going out, you are going to be hung out to dry by the courts if there IS an accident.
Read up on the Ramsgate ferry disaster. The port of Ramsgate commissioned a new walkway. They paid a firm a huge amount of money to design it, another firm a huge amount of money to make it, then they paid Lloyds of London to inspect and certify it, and then it all fell down. Even though the port of Ramsgate had employed specialists in the field of this sort of thing to make it, and then had it tested and certified, they STILL got fined £200,000 How is that fair?????? But this is what happens [The fine for all of them came to £1,700,000]
So, install lights that are designed to go out suddenly, and I hope you got good insurers……[and a better legal team]
[SIZE=12pt]john……[/SIZE]
