14 replies to this topic

[David]

I was speaking with a friend who used to do fireworks alongside a DJ company, but he has now stopped doing fireworks, the reason being silly and pointless legal claims.

He says people have threatened to sue for the ammount of smoke he caused, a loud firework setting off their car alarm and for not making it clear how loud the fireworks were- all of these from people at displays he did at weddings and parties.

I can understand peoples feelings- not everone likes fireworks, and if they are done as a "surprise" the noise can catch people a little off guard. But to go so far as to threaten legal action? What is wrong with some people? The problem is a recent " claim to gain " culture, " no win no fee " etc that people slightly misunderstand. The fact that they wouldn't win- he always opperated well within the law, is a little comfort.

The other thing that worries me, in general, is that some people feel that when they attend any function or get-together it is perfectly acceptable to leave their children unsupervised. I was at a Christmas party, and there was a boy who was sitting on the floor throwing chicken curry at people. His parents where in the other room, drinking wine. Ok, this is annoying (and funny) rather than dangerous, but still- if an unsupervised child got hurt, the parents would be the first to start ringing "claims direct" etc.

[W.P]

This is what sickens me about modern Britain, we're slowly turning into the typical "I'll Sue!" attitude which has become quite apparent in America. Nothing against America of course. It will be soon when consumer fireworks become outright illegal.

[YT2095]

basically people know more about their Rights than their Responsibilities, quite Pathetic really

[Andrew]

basically people know more about their Rights than their Responsibilities, quite Pathetic really

Like the hat!

[EnigmaticBiker]

The 'claims culture' seems like a feeding frenzy for lawyers and some greedy litigants.

Taken to the logical conclusion, if enough people sue each other over the most minor problems, extensive legal insurance for almost any activity will be mandatory.

If the majority of people are then extensively insured, it becomes worthwhile trying to sue because of the potential payout if the case is won.

So effectively we all pay for insurance which is then shared out between the companies and their lawyers, if sued the premiums rise and so on.

With the potential risk of legal action, people trust each other less, consequently more disputes are settled legally, it's cyclical.

[icarus]

this urge for litigation ends up curtailing our freedoms we should also ban political correctness long live the man hole and ballcock valve !!!!

[The Legendary Graham]

blackboard and baa baa black sheep

[Meggsy]

Pyro's have rights too...... I am always acting within the law...I will sue anyone who says different

At least once a month I am abused in some way by someone wilst firing, on occasion I have been assaulted, on one particulalry bad night my collegues and I were chased around the site by a man in a car trying to run us over.

So thats a lot of my rights being infringed do I moan????.....too bloody right I do!!!!!

I think companies (pryo or similar) are probably more concerened about Insurance premiums being hiked up, so if a minor incident occurs and it can be settled on the cheap I am sure it saves a lot of agg.....and a lot of poeple are aware of this and take advantage.

[David]

At least once a month I am abused in some way by someone wilst firing, on occasion I have been assaulted, on one particulalry bad night my collegues and I were chased around the site by a man in a car trying to run us over.

I would think that in virtually all cases anyone who is actually on your firing site is tresspassing.

I was firing at a farm, and a private access road runs by it, which is sometimes used by drivers as a short cut. The crowd were standing on the road and he had closed it off with a barrier- its his road, giving access to his fields, so he had every right to do that.

Anyway, someone wanted to use the road, so she parked her car, climbed the barrier and came over demanding that everyone gets off the road and the barrier be moved so she could get through, threatening to call the police.

Here is a diagram:


! 00000 !
! 0000M !
! 0000A !
! 0000I ! ((((((((((((((((((((((( FIELD )))))))))))))))))(((((((((((((((((((((((((((((((((Fireworks
! 0000N !
! 00000 ! (((((((((((((((((((((((owned by our host)(((((((((((((((((((((((((((((((((((((
! 0000R !
! 0000O !
! 0000A !
! 0000D !XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
! 00000 B (barrier) Private Access Road,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Crowd
! 00000 B (Barrier)
! 00000 !XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx
! 00000 !
! !



What annoyed me was that she didn't seem to grasp that SHE was in the wrong.

Edited by David, 10 December 2007 - 04:49 PM.

[bogsulphur]

thats pretty out of order by those people, david and meggsy. i'd have to agree and say that anyone who walks or even worse, drives! into a specially designated area where clearly several fireworks are being launched is breaking the law, not to mention extremely stupid.

its on a par with you walking across a firing range and complaining about the noise, i.e. completely oblivious to the fact that your life is in danger. you would get arrested for that. I suppose its probably because of the coverage in the media that people have pre-conceived ideas about pyrotechnicians and decide to 'have a go' and stop the 'hoodies', whereas in real life nothing could be further from the truth.

[David]

Yeah, I agree- specifically if you are firing fireworks then you will usually be on private land, and as such anyone who enters that land without the permission of the owner (whom we can assume is at the display, or has given you permission) is tresspassing.


School playing fields, pub car parks etc are all private land, which the owner/custodian has every legal right to restrict access to when they are being used for fireworks.

Even on public land (eg community playing fields) then the council or whoever has the right to restrict access if that site is being used for an organised fireworks display.

Edited by David, 11 December 2007 - 10:04 PM.

[cooperman435]

unfortunatly (for some) nowadays you arent trespassing when going on to private land without permission.

Only once asked to leave by someone with the right to do so and refusing are you trespassing.

[marble]

unfortunatly (for some) nowadays you arent trespassing when going on to private land without permission.

Only once asked to leave by someone with the right to do so and refusing are you trespassing.

Thats more true for shops and the like.

[David]

I'm not sure of the legality, but I would think that if you cross an obvious boundry then you are tresspassing? EG if you climb over a gate, or a fence, or duck under or climb over courdon (spelling) tape, or climb over crush barriers etc .

It might be slightly different for me, as most of the displays I've fired have been for family and friends on land that is always private, eg gardens, farm fields etc. Obviously someone entering someones back garden without permission is tresspassing!

[cooperman435]

nope only if you open something is it unlawfull because even opening a gate cumes under the classification of breaking and entering.

clumbing over (but not damaging) walls and gates in england certainly is legal. There may be a difference if it is a specific restricted area or dangerous.

Remember the women camping out near menworth hill the american listening post near harrogate? They broke in by climbing all the time but had to be asked to leave and refuse before action could be taken.