Where does the responsibility lay?
Discussion
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.
Does the responsibility fall on my business or the company that employs the crew member?
Thanks.
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.
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.
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).
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).
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. 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.
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?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?
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.
We're being drip fed info.......turn on the tap.
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. Perhaps speak to your own solicitor?
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?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. We're being drip fed info.......turn on the tap.
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.
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