POTENTIAL OF TRESPASSING AT CONSTRUCTION SITES MKAM1043 CONSTRUCTION LAW AND CONTRACT Assoc Prof Dr Aminah Md Yusof GROUP MEMBERS: NORAZIAH BT HAMID MKA 171235 JEYASRI a/p PACKIRYSAMY MKA 171231 NURUL ASHIKIN BT MOHD SHUHAIMI MKA 171218 MOHD BAKRI [email protected] RASHID MKA 171202 INTRODUCTION 1. A landowner or occupier of a site is responsible for ensuring the safety of non-employees, trespassers and particularly children. Failure to do so can land them in court. 2. Each year there is a handful of deaths and several hundred injuries to trespassers on building sites - both children and adults. Even though the injured party was trespassing - perhaps even with criminal intent - the occupier of the site often finds itself in court facing charges. And these can be difficult cases to defend, whether in criminal or civil proceedings. INTRODUCTION 3. If something attractive but potentially dangerous is left accessible to outsider, then the occupier of land will be liable for creating such a danger. 4. It’s an understatement to say that construction sites are dangerous. According to the Department Occupational Safety and Health (DOSH), 1 in 5 worker deaths occur on construction sites. Now imagine how dangerous they are for trespassers that may be there at night and not know the ins and outs of the site. INTRODUCTION Trespass in construction usually refers to intrusion upon land in the possession of another person without permission or right (this is as opposed to trespass to the person). Trespass can be by a person on the land, or by placing or leaving something on (or over) the land, although if materials pass onto the other persons land as a consequence of some action for which the defendant has a right, then this is a nuisance rather than trespass. Trespass includes items such as cranes or scaffolding that might oversail adjacent property. The tort of trespass is actionable even if no damage is suffered. Trespass can be restrained by injunction, and if losses are caused, damages are recoverable. Construction often necessitate accessing the land of a neighbour. This must be done with permission (unless a right exists) which will usually be in the form of a temporary licence, perhaps in return for payment. However, even where someone is lawfully on land, they may still commit trespass if they exceed their rights or the permission that has been granted. PROBLEMS STATEMENT Construction sites attract trespassers for several reasons. Maybe they are thrill seekers attempting to explore the area or perhaps they’re there to steal tools, equipment, and materials. No matter the reason, having trespassers can be problematic for companies. However, there are ways you can combat this problem. Many cases discuss the trespasser’s fault but still exist lack of awareness of trespassing potential by the Contractor. OBJECTIVES 1. Identify the types of construction sites that often involve in trespass. 2. Determine the potential factors contribute in trespass on construction sites 3. Recommend/suggest the action in preventing trespass at construction sites. SUMMARY OF LITERATURE REVIEW & COURT CASE https://docs.google.com/spreadsheets/d/1oCxKq5caDdCSuJo0eyh8r_eZtf_9kq 6sAGBWvdsxgeo/edit?usp=drivesdk&ouid=106180766327133345638 CONCLUSION Trespass can be faced by people innumerable times in a day, but what is important is to truly understand the nature of trespassed act, property, loss and impact of it on the plaintiff. For example ,Higgs and his son entered a gated construction site at ESPN Wide World of Sports, where they loaded scrap metal onto their pickup truck. This occurred in broad daylight ,in sight of a number of workers. Higgs claimed that he had permission to enter the site. At the close of the States case, the trial court denied Higgs motion for a judgement of acquittal, which based on the State’s failure to show the size of the site, and that it was legally posted. The four tests, when deciding trespass disputes, courts should evaluate the following factors: (1) the nature and character of the trespass; (2) the nature of the protected property; (3) the amount and substantiality of the trespass; and CONCLUSION 4) the impact of the trespass on the owner’s property interest. It would help to uncover various facets and understand the dimensions that trespass law is clutching in its circuitous surrounding so as to loosen the screws and solve cases and situations in an efficacious manner.