Where does the responsibility lay?
Where does the responsibility lay?
Author
Discussion

DeuceDeuce

Original Poster:

489 posts

108 months

Thursday
quotequote all
Let’s say my business hired a venue to put on an event. My business also hired a company to help stage the event. One of the crew of that company claims to have had an accident (back problems & psychological damage) whilst working at the event and is likely to seek damages.

Does the responsibility fall on my business or the company that employs the crew member?

Thanks.

pinchmeimdreamin

10,418 posts

234 months

Thursday
quotequote all
Surely it depends on the cause of the accident ?

OutInTheShed

11,640 posts

42 months

Thursday
quotequote all
Responsibility may well lie with the careless employee.

Liability may be a different thing...?

turbobloke

112,484 posts

276 months

Thursday
quotequote all
At worst on your insurance hopefully.

ADJimbo

639 posts

202 months

Thursday
quotequote all
I’d say it’s a classic case of ‘follow the money’…

If the employee was being paid directly by your company then this would sit on your Employers Liability. If the employee was being paid directly by the event company then it would sit on their Employers Liability.

If one EL insurer fancies having a poke at the other then it’s very much down to both insurers to decide / fall-out with each other and should not concern yourself.

Sheepshanks

37,442 posts

135 months

Thursday
quotequote all
Depending on what happened the venue's owner could also be on the hook.

paul_c123

995 posts

9 months

Thursday
quotequote all
Responsibility? Everyone is responsible for everyone else's health and safety, in a strict sense, some more than others though HASAWA 1970.

Liability? I would advise first of all, to inform the line manager of their own employer, who may onwards refer to occupational health (or an equivalent).

DeuceDeuce

Original Poster:

489 posts

108 months

Thursday
quotequote all
Thanks for the replies.

Yes, it’s liability more than responsibility I’m interested in.

The person that suffered the accident was an employee of a company we contracted.

BertBert

20,389 posts

227 months

Thursday
quotequote all
Who, if anyone was negligent causing the accident?

Steve H

6,326 posts

211 months

Thursday
quotequote all
Unless there was an issue with the venue that the company you contracted to run the event could not have possibly foreseen when they did their risk assessment, but that you might be responsible for, I would think it is their problem and exactly why you contracted the job out.

DeuceDeuce

Original Poster:

489 posts

108 months

Thursday
quotequote all
BertBert said:
Who, if anyone was negligent causing the accident?
I guess their solicitor is claiming we are as they suggest the ‘general safety and management of the site was under our control’. They go on the explain some vague causes for the trip & fall which happened during the take down of the equipment that they had set up in the first place.

hidetheelephants

30,553 posts

209 months

Thursday
quotequote all
It doesn't sound like you had any active role in any of it, the injured party worked for someone else at a 3rd party's premises. Did the contracts with the venue or the event company have clauses offloading liability onto you? I'd be surprised if they did but that's why reading the small print is important.

Simpo Two

89,266 posts

281 months

Thursday
quotequote all
DeuceDeuce said:
One of the crew of that company claims to have had an accident
So what evidence/ of the accident is there?

BertBert

20,389 posts

227 months

Thursday
quotequote all
DeuceDeuce said:
I guess their solicitor is claiming we are as they suggest the ‘general safety and management of the site was under our control’. They go on the explain some vague causes for the trip & fall which happened during the take down of the equipment that they had set up in the first place.
It must turn on the facts. What caused the trip and fall?

Sebring440

2,775 posts

112 months

Thursday
quotequote all
DeuceDeuce said:
I guess their solicitor is claiming we are as they suggest the ‘general safety and management of the site was under our control’. They go on the explain some vague causes for the trip & fall which happened during the take down of the equipment that they had set up in the first place.
You'll have to do better than "guess". I'm sure they've contacted you, and explained their grievance, so no guessing involved.

Perhaps speak to your own solicitor?

paul_c123

995 posts

9 months

Was the site under your control? Did you do a risk assessment of it? Were all those on site, signed in and out? Did you have fencing around it? Did you have a site induction? Check those on site are qualified? Have an accident reporting policy?

We're being drip fed info.......turn on the tap.

DeuceDeuce

Original Poster:

489 posts

108 months

Sebring440 said:
You'll have to do better than "guess". I'm sure they've contacted you, and explained their grievance, so no guessing involved.

Perhaps speak to your own solicitor?
Obviously spoken to our insurers and am waiting to hear back. Suspect they will just confirm they are dealing with it and won’t hear much more for a while. I was just surprised to see the letter came to our company rather than the employer we contracted.

Steve H

6,326 posts

211 months

Casting a wide net I suspect.

If someone else was asked to do the entire job it’s hard to see how it becomes your fault/liability when something goes wrong.

NDA

23,272 posts

241 months

DeuceDeuce said:
Obviously spoken to our insurers and am waiting to hear back. Suspect they will just confirm they are dealing with it and won’t hear much more for a while. I was just surprised to see the letter came to our company rather than the employer we contracted.
What do the T&C's of the contractors state? I assume somewhere they claim to have insurance for their employees?

DeuceDeuce

Original Poster:

489 posts

108 months

paul_c123 said:
Was the site under your control? Did you do a risk assessment of it? Were all those on site, signed in and out? Did you have fencing around it? Did you have a site induction? Check those on site are qualified? Have an accident reporting policy?

We're being drip fed info.......turn on the tap.
You’re being drip fed as I don’t have many facts and as it’s looking like a legal matter I wouldn’t share all the details anyway.

I wasn’t there when the incident happened. The ‘site’ isn’t like a building site or whatever else you’re imagining. It involved a member of a crew that the firm we hired sent out to set up and take down the staging required for an event.