[wcs.]

“

[Tosh]

What's the pertinent points in that Act, Ewan?

[Window Washers]

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=69&NavFrom=2&parentActiveTextDocId=1159585&ActiveTextDocId=1159585&filesize=19751

[Window Washers]

What's the pertinent points in that Act, Ewan?

Danger due to the state of the property, Tosh

But there’s more to it, so it would be worth your while to interoperate the rest yourself.

it is a very good sales technique

[Window Washers]

LOL, yes you could use it for that (I do) Ian, more importantly being clued up could save you from injury or being sued.

Any thing that I think is a danger I say I am not doing it same goes for my staff, but this is something I will read up about as will help a great deal when explaining, so for that thanks Ewan 

[Window Washers]

That’s ok Ian, make sure it’s the Act for England and Wales (Scotland is different).

I the link I posted the correct one for uk ?

[Mike 108]

That's something well worth knowing, Ewan. (If we can interpret it correctly) Nice one.

Regulation 2(5), copied below, looks like it could work for us or against us, depending on the circumstances.

(5) The common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor (the question whether a risk was so accepted to be decided on the same principles as in other cases in which one person owes a duty of care to another).

For example:

If, when presented with a difficulty, you say "it's no problem" and your ladder slips, or you over-reach, or you ‘trip’ or step off a garage roof – it’s your own fault.

If they 'persuade' you into taking a risk e.g. saying they'll 'steady' the ladder - it's their fault

Also, if they suggest that it’s OK to walk on their garage roof, or lean your ladders against a structure ,and you then fall through the roof, or the structure collapses – it’s their fault.

Do you think I have got it right?

Mike

[Aqua-Wash]

I've cited this act on a number of issues in the past, it's quite useful  'Tort' act that seems to be forgotten as everyone quotes 'the Duty of Care' etc. I used this Act just three weeks ago on my local council (Health & Safety / Licience Departments); they were trying to brush an incident under the carpet until I quoted this Act - should have seen their faces ( little did they know that I'm ex- Environmental Health Officer) needless to say they soon got their act together and addresssed the matter within a week 

[Mike 108]

Hey!  I'm an ex EHO too (Food Safety).

'Well happy' not to be doing that anymore!

Mike

[♠Winp®oClean♠]

Is this what you are after?

Yeah, cheers.

[chris@c.m.s]

That's great then I can sue my customer  my leg went through her raised wooden patio on Wednesday off to the hospital tomorrow as my ankle has swelled up and is painful, the balcony timber was rotten underneath and the support gave way whoops, I wouldn't dream of it though she's a lone pensioner and a great customer, I think most of us know the risks with garage roofs, it is a shock though.       

[leapstallbuildings]

That's great then I can sue my customer  my leg went through her raised wooden patio on Wednesday off to the hospital tomorrow as my ankle has swelled up and is painful, the balcony timber was rotten underneath and the support gave way whoops, I wouldn't dream of it though she's a lone pensioner and a great customer, I think most of us know the risks with garage roofs, it is a shock though.       

Sorry to hear that Chris.  Although you won't, I think that is a typical occasaion when someone would be justified to sue.  Although it would be aggravation for her, it's likely that her domestic insurer would foot the bill if you were to win.

So you want to sell your round then? 

Vulture?  Who's a vulture?   

[chris@c.m.s]

Hi Paul no I wont be selling up  foots OK just soft tissue damage apparently, yep I would definitely be within my rights to, however I knew one of the joists was rotten as did she although neither of us mentioned it, to be honest I'm glad it was me and not her that it happened to, I had been stepping over the bad bit but that particular day I forgot  : thought I'd have to be an idiot to do that and didn't fail myself,