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Graffiti artists engage in some pretty hazardous work: hanging upside down from rooftops, pressing hard to railway tunnels, scaling walls and vaulting over fences are all activities that form part of the job description. Problems is, for most it's not a real job but a criminal occupation, so it is hardly likely that graffiti artists would be able to claim accident compensation for injuries suffered whilst creating their artworks.
This is not to say it is impossible. All of us have certain obligations under the Occupiers Liability Act, meaning that is incumbent upon us to ensure that visitors to our properties are protected from "foreseeable risk".
Of course, a grafitti artist is hardly a "visitor", rather he or she, if uninvited, is likely to be a trespasser on private or council-owned land. Yet, as perverse as it may seem, this fact does not automatically disentitle him or her from receiving accident compensation.
Indeed if it can be proved that there was some level of "foreseeable risk" and perhaps, particularly if the graffiti artist is a minor, some level of "allurement", a no win, no fee lawyer may well be able to mount a reasonable case for damages.
For example, imagine there is a high metal fence outside a commercial premises. Scaling it is the only method of reaching a wall that is of obvious attraction to the teen-aged graffiti artists known to frequent the skate park next door. Aware of this, in fact having previously been the victim of graffiti, the proprietor decides to oil the fence's metal bars as a system of deterrent. The problem is that it makes the fence hazardous, so when a 14-year-old graffiti artist tries to scale it in order to reach the wall, he slips, falls and suffers a head injury.
In such a scenario - yes, it is very specific - it is easy to see how the boy might make a claim. However unlikely it is he would receive 100% compensation for his injuries, it may still be argued that he has, technically at least, been the victim of negligence.
But of course, not all graffiti artists are criminals. Nearly all begin by producing their "canvasses" by the cover of night, but some go on to produce their work on commission, whether in private homes, commercial centres or as part of community art schemes. In these cases, they have the same rights as any other worker employed in a similar contract.
Yet it is not only the high wire danger of climbing, clambering and contorted dangling that poses a risk to the health and safety of graffiti artists. The very tools of their trade can also be hazardous. Spray paints and solvents can cause dermatological conditions, asthma, emphysema, severe rashes and even lung cancer. Protective clothing should be considered essential, something that is bound to be a bit of an obstacle to graffiti artists operating on the sly; you're bound to look just a bit conspicuous if you're tiptoeing through town in something akin to a chemical warfare suit.
Personally, and this may be an ignorant thing to say, I'm not a great fan of graffiti. I just don't like the prevalent bold and cartoonish hip hop style. And I really dislike the idea of tagging; it just seems too crude and primitive.
I have some admiration of the kind of stencil graffiti work that has been brought to the masses by Banksy, but more than anything I love a good old-fashioned piece of versified graffito such as this beauty that was found in the ruins of Pompeii.
Landlord, may your lies malign
Bring destruction on your head!
You yourself drink unmixed wine,
Water sell your guests instead.
Which reminds me actually, I've reached the end of my week at the accident compensation offices and am now off to the pub.
