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Posted By Lorraine Lee
I have been asked a question of which I thought I knew the answer, but could anyone give me their opinion?
An empoyee bought a sandwich from a mobile sandwich supplier. The supplier was on company premises when he sold this to the employee. He advised the employee to heat it up in the microwave, which he did. The employee subsequently became ill and has been off sick since.
Question; Would we have a duty of care to the employee in the sense that we should have been responsible for vetting this supplier before he was let on to company premises to sell the food, even though there was no verbal/written contract between the supplier and the employer? Would we have been able to reasonably foresee this incident happening?
Question; Would we have full or equal liability, if this resulted in a claim?
Thanks
Lorraine
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Posted By Heather Aston
Lorraine
I would have thought that in the absence of any kind of contract between your company and the sandwich seller, you had no liability in this case.
When you say the supplier was on your premises, was this the kind of mobile van that just pulls up in your yard and sells out of the back (we have one of those...) or was the seller actually inside the building and/or using your facilites?
For a definitive answer, speak to your insrance broker or insurance company - that's what you pay them for.
Heather
(I am not a lawyer!)
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Posted By Laurie
On the other hand, if he's in your car park he is using your facilities,so perhaps you do have some responsibility.
Since, presumably, this van sells regularly on your premises, he has tacit approval from the company, and it is therefore reasonable for employees to expect the company to bear some responsibility, unless you have have taken active steps to dissociate the company from the seller.
However, like Heather I am not a lawyer, just the man on the Clapham omnibus
Laurie
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Posted By Kevin Walker
Surely then the first point would be to prove that the sandwich was in fact the guilty party.
If so then you should consider this, if it is on your property then they are there with your approval. As such the mobile van could be considered to be a business operating on your site.
If that same sandwich maker had been in a cafe in your faciltiy and this happened you could either advise them to clean up their act or sack them as supplier/contractor. This is then the same as your carpark. You could quite simply tell them that this has happened and that they should clean up their act or tell them that they are unwelcome on your premises.
As for liability, you should have none.
kevin
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