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Posted By Malcolm
I work for a further education establishment, and have been approached by a lecturer that works at an out-reach centre.
The church in which she works has asked her and all the students she teaches to sign a decrlaration that, they accept the church has no responsibility should an accident take place.
I am looking for information on the legal standpoint of any such declaration.
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Posted By Laurie
Surely the Church can no more opt out of H&S legislation, and Occupiers Liability, than anyone else, can they?
Laurie
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Posted By John Webster
It matters not how many notices, declarations or other disclaimers there are, signed or otherwise. If there is a statutory obligation or a duty of care they are worthless.
How many times do you see signs that tell you that "The management/owners/operators/proprietors accept no responsibility for any loss, injury or damage however caused etc etc..." Sometimes they are produced out of ignorance, as is probably the case with your church. Mostly they are an attempt to frighten away potential claims.
Quite simply, if you have certain rights, and/or protection under the law, you cannot, even by signing a disclaimer, exempt yourself (and thereby deny others in your charge that protection).
If you are an organisation using the premises of another, there should be a proper agreement drawn up. Most organisations, including churches, have standard forms for hall letting etc which are drawn up by their "head office"
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Posted By Nick Higginson
Malcolm,
I agree with the other 2 respondants. An employer/occupier can not opt out of their statutory or common law duties by asking people to sign a disclaimer.
I have seen notices on blackpool pier and pub playgrounds saying that occupiers are not liable for injuries sustained, and I suggest that these have the same legal standing as the churches disclaimer i.e. none.
If the church fails in its duties, it is liable - end of story.
Regards,
Nick
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Posted By David J Bristow
Hi Malcolm
Signing a form would not be worth the paper it is written on (pardon the pun) - unfair contract! and as the respondents have stated the church cannot opt out of health and safety nor the duty of care owed under common law.
Regards
David B
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Posted By Nigel Singleton BSc
Legal standpoint: The Health & safety at Work Act 1974 states:
Section 3:General duties of employers and self-employed to persons other than their employees
3(1) Every employer shall conduct his undertaking so that persons not in their employment who may be affected are not exposed to risks.
Sec 4: General duties of persons in charge of premises to persons other than their employees
4(1) Imposes a duty on persons in charge of premises (e.g. sports complex) to non employees who use a non-domestic premises provided as a place of work or as a place where they may use plant or substances.
4(2) Each person having control of such premises must see that as far as is reasonably practicable, there is no risk to the health and safety of people who use the premises.
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Posted By Ralph Ellington
It's the Unfair Contract Terms Act 1977 that is relevant here. Under this Act a person cannot restrict liability for death or personal injury by a term in a contract or by displaying a notice.
Ralph
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Posted By Allan St.John Holt
I'm sure all the above comments are correct - but it's more difficult when it comes to property dmaage such as a car break-in. That probably does fall into the group of what liability can be excluded?
Allan
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Posted By Nick Higginson
I can add something else to this as I'm just studying the subject for Dip 2.
It is indeed the Unfair Contract Terms Act which applies. Clauses in respect of personal injury have no legal standing whatsoever (with regard to places used for "business" activities), and clauses in respect of property damage are subject to the test of reasonableness.
Hope this helps,
Nick
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