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#1 Posted : 10 May 2006 16:00:00(UTC)
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Posted By AlB One of the managers telephoned me earlier. He wanted to know what was requied for a contractor to come on site to a medium risk environment. The purpose of the visit is for something other than directly related to our business. I explained to the manager what was required (you know, the usual stuff), beofore he said that he was also going to write a disclaimer, which the party would have to sign before coming on site, so that if anyone of their party was injured, our business would not be held responsible and liable. The area they would be set would be a disused part of the property with no risk from our direct operations, only from the site conditins itself. I quickly informed him that unfortunately things are not that easy and that a disclaimer holds no legal status should one of their party sustain an injury. He insisted that he was going to issue the disclaimer anyway, believing that it will have a moral standing at least. What's the consensus on this? I believe that preparing and issuing such a document is risky and demonstrates that there is a level of risk that the business is aware of but does not want to accept, and that's a scary rpospect. Opinions?
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#2 Posted : 10 May 2006 16:29:00(UTC)
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Posted By J Knight Hi, You are of course dead right (Unfair Contract Terms Act and all that); why not suggest that he writes it as a risk assessment which asks then to take some action to ensure their own safety? I don't think that acknowledging the risk in writing would make too much difference to your actual aliability, since you have it anyway, and have already chosen to do nowt about it, John
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