星空传媒

In 1972 six-year-old Peter Herrington suffered severe injuries when he ventured onto a railway track and was electrocuted.

That event changed dramatically the legal landscape for all landowners, but perhaps for builders in particular. Herrington sued the British Railways Board and won. The Law Lords decided that if the occupier knows his land is dangerous and knows that people are likely to trespass, he must do what he can to keep the trespassers from harm.

That reversed an earlier interpretation of law that effectively laid the blame at the feet of the trespasser if they hurt themselves.

To many contractors, the facts of the case will be fresh even after 30 years. Peter Herrington was playing in a field that bordered the track. He left the field and walked along the track to a gap in the fence and went through. Employees of the railways board knew that children had been seen on the line. Senior management had received reports of the issue seven weeks before Peter Herrington鈥檚 accident. Still, they didn鈥檛 fix the fence.

The British Railway Board v. Herrington (1972) case meant that putting up a sign saying 鈥楨nter at your own risk鈥� was not enough to protect yourself from liability.

The challenge of trespassers increases in high-density residential areas, which is something Higgins Construction is well aware of. The company is active in modernising council estates in London and the South East. As well as putting up signs and fences, they try to address the problem before anything happens by going into the schools to talk to the children.

My production team can put up the fences, the spotlights, the locks, but you鈥檙e always going to get those delinquents who are determined to get in, and they鈥檒l get in whatever you do

Higgins鈥� community development manager Jeff Joseph is a nine-year-veteran of this approach. Before Higgins begins work on site, Joseph addresses the nearby schools, class by class, talking about construction and impressing upon them that the attractive looking fenced-off site across the road is not, in fact, an adventure playground. He talks to the children again before school holidays to make sure they鈥檙e thinking about his message while planning their free time.

Joseph鈥檚 strategy recognises two realities. First, children are most likely to trespass and vandalise, and second, they鈥檙e the group most likely to get hurt.

He says it works. Higgins has few problems with trespassing.

鈥淢y production team can put up the fences, the spotlights, the locks, but you鈥檙e always going to get those delinquents who are determined to get in and they鈥檒l get in whatever you do,鈥� he admits. 鈥淏ut when you see the posters they draw, and all the detail, you know that for most of them the message has gotten through.鈥�

Joseph鈥檚 efforts pay dividends in other ways as well. He acts as an ambassador for the construction industry to future generations and on one occasion a pupil he spoke to undertook work experience with Higgins when he was 15.