Topic: Insurance problems re equipment hire?

[Trevor_D]

We have a selection of machinery on site (the usual stuff - mowers, strimmers, rotovator) which we loan out to members for use on their plots. One of the Committee raised the interesting point: if we, as officers, loan out something and a member subsequently has an accident & injures themselves, are we liable?

We're not a council site, but are entirely independent & self-governing. We only have the basic 3rd party insurance. But we do make sure the equipment is checked regularly, and anything suspect is either removed for repair, or marked as "out of action". And last year we introduced a "signing-out" system, as we found that sometimes equipment had been damaged & the damage not reported. By getting members to sign stuff out & back in, at least we could pick up on that sort of thing quickly.

Would it be enough to put up a disclaimer notice to the effect that "Although the equipment is checked and loaned in good faith, we take no legal responsibility for an accident, however caused" (or something to that general effect), and perhaps include it in the signing-out book as well.

I think we may be in danger of overkill here, but I'd rather get my facts straight. I assume loads of sites are in a similar position.... Any advice?

[kt.]

Our site is a private club so any written agreements stand providing it is signed by all parties involved in any transaction. We hire a rotovator & I have just asked our committee chairwoman our policy.

1) All equipment is signed for by the user and is to be in a good state of repair.
2) Each user is shown how to operate the said equipment EVERY time they wish to use it.
3) You may wish to duplicate and issue out the manufacturer written instruction on the user guide (not fault finding)
4)  It must be clearly printed and understood by any third party that no liability is accepted should any injury or accident occur whilst using the equipment in accordance with the manufacturers instruction.

This is only our site policy and seems to work well. ( My disclaimer ;D)
5) Any repairs or servicing of items is recorded in a log.

[Hyacinth]

Spot-on KT. We did the same. In this potentially litigious society, one must.

[Trevor_D]

Many thanks for that. We are obviously thinking along the right lines.

[Hyacinth]

Forgot to say Trevor, that we took out insurance and the insurance certificate was clearly displayed in the shed - along with the disclaimers, etc.
(one of our committee had his own company & all the suggestions were his). I think that we covered all angles.)

[franklynn]

very interesting, never thought of insurance. can I get insurance for tools used on my plot against theft, damage etc?
Thanks
Frank n Lynn (Learning all the time)

[ACE]

 My friend runs a hire centre, I asked him once how he stands with regard of somebody hurting theirselves with his machinery.

He checks and signs a ticket on the machine to say it is safe to use,(he has a certificate to say he is trained to do so) Also there is a safety booklet which everybody has to read and understand, which the hirer signs to that effect.

I doubt that any of you will will have this type of expertise, so be very careful as the insurers will not pay out unless certain safety isues have been met. Even a disclaimer does not help nowadays.

Sorry about the negative view, but if you are a society, everybody owns the machines so they can only sue themselves.

[kt.]

very interesting, never thought of insurance. can I get insurance for tools used on my plot against theft, damage etc?
Thanks
Frank n Lynn (Learning all the time)

Most insurers will not cover tools left on the allotment. It is luck of the draw if they get wipped away in the night.