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Posted By Michael Hosking
Hi
My company are considering/ have been asked whether we can give away some of our "old" style furniture/equipment for employees or their familes to utilise at home,etc.
As usual tthe concern/maater has been raised in that if something untoward were to happen the company could be held liable.
My view/recommendation is that we should not provide anything that is obviously unserviceable and should make it clear that we not not accept liability for any future use/failure.
Without re-inventing the wheel I was wondering is there anyone out there who had a disclaimer template I could adopt.
Mike
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Posted By Dave Wilson
Remember its just not the serviceability etc but insect / fungal pests as well.
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Posted By Raymond Rapp
Mike
Just be aware that disclaimers are legally not worth the paper they are written on. It may deter someone from making a claim, but that is all. Just use some common sense what you give away in terms of condition etc.
Ray
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Posted By Michael Hosking
Cheers Ray
I am same opinion of you and have said this to others however this is more a caase the "uninformed" wanting the usual "bit of paper" comfort factor.
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Posted By J Knight
Hi Folks,
I have a kind of itchy feeling between my shoulder blades about whether or not this would fall foul of trading standards laws about fire retardancy etc; I know you don't intend to sell them, so i could be quite wrong...
John
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Posted By Michael Hosking
Thanks John
This was also one of my primary one as trading standards seem a bit more applicable even though not selling i.e. safe and suitable for expected use and as office equipment meetas the fire resistancy
It is amazing how many things that come to mind whilst we are trying to be generous and considerate to our people and prevent additional waste/landfill.
Mike
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Posted By Raymond Rapp
I think it should be mentioned that we are looking at a worst case scenario here. Any claim would surely be a civil one and unless there was some serious negligence I do not believe a court would not take into account your generous and not for profit intentions.
So, do not loose too much sleep over this matter.
Ray
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Posted By Chris Jerman
Michael, I think that other than the disclaimer, you have answered your own question. Rather than using a disclaimer, you are right to make the 'gift' on the basis that you outlined.
I have to ask - what precisely are the most common failure modes of furniture? A swift once over for the obvious (missing legs, wheels, old silver sixpences down the back of the cushions etc) and do someone a favour with some old furniture - surely?
I'd ask one additional question; If it is in service now for employees and visitors to use and you have reason to suspect that it would not be fit to be used somewhere else, why are you still using it? If it's been condemned internally, get it in the skip.
I'm sure that given a once over etc it will be a very well received donation. I'm with the the others - good to ask the questions about it, but don't lose any sleep.
You don't have any walnut nesting tables by any chance?
C
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Posted By Michael Hosking
Thanks for all comments, should have gone with my gut feeling as all support my thinking and will have to stand firm with "uninformed/claims thinkers"
Mike
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Posted By Bill Elliott
Mike - your employer can not absolve themselves from any liability, it goes with the territory. Any goods passed on must still be fit for purpose and not liable to cause injury ill health etc etc. A quick call to your local Trading Standards office would give you the right steer on this - but as others have indicated, no piece of paper denying liability will be of any use whatsoever in the event of a future claim.
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