You are reminded that, as the person in control of the gate, you have a legal duty of care to users and visitors to the premises (including trespassers). If the gates are not made safe, any party injured by either gate is likely to be able to sue for damages. If you have insurance covering such risks, your insurance contract is likely to oblige you to disclose material facts to your insurer including in this case, the fact that the gate is not considered safe.
If the gates are part of an undertaking, the person in control of it will have additional duties under Health and Safety legislation.
If the premises are also a workplace, there are specific duties under the Workplace Directive. Failure to meet duties imposed by health and safety legislation can result in criminal proceedings.
- Safety Health and Welfare at Work Act 2005 –Eire
- Safety Health and Welfare at Work Regulations 2008 Eire