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Re: Basic Electrical Safety
andy_art_trigg wrote:My intention is not to be facitious, but to clarify the accepted wisdom on UKW that we can’t give technical info to the public.
We surely can and invariably do Andy, daily, always have done. That is one of the main stays and benefits to the general public that UKW provides day in day out.
andy_art_trigg wrote:We can’t advise how to fit a motor, or which wires go where on a 3 wire thermostat, but we can advise how to wire a plug etc.
In law, liability cannot be fully assessed or proven from advice given here within its many pages. All the while UKW carries a full ‘disclaimer’ that points out that the posting by individuals are NOT the responsibility of UKW. However individuals giving advice could possibly be deemed liable if such advice were incorrect, unsafe or proven as irresponsibly given.
I put my hand up to telling someone how to wire a thermostat, sure, no problem as far as I am concerned. Hasn’t been a problem so far at least AND I do have insurance in place as a safeguard against such actions.
UKW however so far is only showing how a 13 amp plug should be wired up and that is all. Anyone buying a new plug these days will see a piece of card attached to that plug with wiring instructions included anyway 🙂
Martin
Re: Basic Electrical Safety
Martin wrote:… However individuals giving advice could possibly be deemed liable if such advice were incorrect, unsafe or proven as irresponsibly given.
That I can understand and agree with. It’s giving good sound and clear advice but being sued because a half wit couldn’t follow it that I am angry about.
..AND I do have insurance in place as a safeguard against such actions.
How much does it cost and who does it?
Re: Basic Electrical Safety
andy_art_trigg wrote:How much does it cost and who does it?
Contained within my Public Liability Insurance Policy Andy. Within the extensions covered under the “Consumer Protection Act (Part 2) 1987. Under the clause…
….”The Company will idemnify the Insured in respect of legal costs and expenses incurred within the Companys written consent in defence of any criminal proceedings brought or in an appeal against conviction arising from such proceedings in respect of a breach of that Act. Provided that the proceedings relate to an offence alleged to have been commited during the Period of Insurance and in the course of the Insured’s Business……………….etc etc”
Martin
Re: Basic Electrical Safety
I thought public liability insurance covered against proceedings resulting from a repair carried out as opposed to from advice given. My understanding was that separate and expensive prfessional liability insurance was needed to cover for giving professional advice. It’s a bloomin’ minefield.
To my knowledge yes, there is a seperate special insurance to cover this and it ain’t cheap either from what I gather.
I’d get it checked out if I were you Martin.
K.
Re: Basic Electrical Safety
I thought PLI should be all encompassing including ‘professional advice’?
If that however is not the case ( & I will seek advice myself on this) then clearly and in future I too will add a ‘disclaimer’ in place of my ‘signature’ at the bottom of ALL my future postings 🙄
Martin
P.S what do you think of my new signature, will that cover me now I wonder 😕
_______________________________________________________
The postee cannot be held responsible or accountable for any information or advice given that later proves to be inaccurate or misleading. Any advice that necessitates the recipient into carrying out repairs or inspections to electro/mechanical equipment does so on the understanding that the postee bears no liability whatsoever for any injuries or loss of life to the said recipient or any third party.Re: Basic Electrical Safety
So what are we playing at here then?…………come on, surely it would never come to that anyway……WOULD IT? COULD IT?
Yours truly worried now
Martin
Re: Basic Electrical Safety
Hypothetical situation…
Customer asks what colour wires you connect to a stat. He’s partially colourblind and you obviously don’t know that, but neither does he. He wires it incorrectly but per your (correct) instructions as HE sees it. It’s wrong, the house burns down and he blames you for giving hime the wrong information.
Who’s at fault?
He didn’t know he could do the job before you told him how to, you may have given the correct information but you cannot gauge the competency of the customer to actually do that job can you? Of course not, you’ve never met him or know of any impairment that he may have. Therefore, from a legal standpoint, you should not have given the information as you were unaware of the chap’s ability to competently repair the product.
So effectively, in law, you’re at fault whether you have a disclaimer or not which, whilst it may provide some defence in a court it can be taken apart by a half decent lawyer. Been there, had the legal advice on it.
We live in a culture these days of “blame and claim”, it’s best to never forget that.
K.
Re: Basic Electrical Safety
I think they can have a limited advantage, but if they really did what people using them expect, we could get out of absolutely anything with them.
For example, I don’t think you can get a customer to sign a disclaimer to absolve you of any responsibility for damage caused to kitchen or flooring and then yank a machione out and rip the floor. You can still be sued for not using reasonable care etc. Also, customers could claim they were cohersed, tricked or even intimidated into signing them. I’m sure you’d be in a stronger position if you had a signed disclaimer, if it was reasonable, but you stil have to exercise proper care.
It’s the same when companies have clauses in contracts which we sign. If the contracts are proven to be unreasonable then no matter what we signed, the contract can be ripped up by a court.
No one can give advice and have no responsibility for it with a disclaimer. I reckon they are advisable to use, but they aint a shield to protect us.
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