Author Topic: hypothetical question.  (Read 1845 times)

ACE

  • Hectare
  • *****
  • Posts: 7,424
hypothetical question.
« on: June 29, 2019, 08:21:33 »
I am a member of an allotment association. If there was a claim on the association would I be liable to have to pay a share?  I have nothing to do with the running, I just go and do my allotment. But I feel I really should bring up a concern about people using the new association owned machinery without any basic training. If they should have an accident you can bet your life the insurance will not pay if they are just giving machines to complete novices. An ambulance chaser would have a field day. I was trained to train in the use and maintenance of  gardening machinery but my certificates must have run out years ago and I do not want to go to committee meetings etc. I just dig and plant and leave the running to the busy bodies.

nodig

  • Half Acre
  • ***
  • Posts: 160
Re: hypothetical question.
« Reply #1 on: June 29, 2019, 08:45:50 »
I think a simple disclaimer form would do the job and protect the association members from claims.  You can hire all sorts of dangerous equipment from tool hire shops but they don't make you go on basic training courses first.  The biggest danger is that the machinery is not maintained to a high standard, that would leave the door open for possible claims if injury resulted from faulty equipment.

pumkinlover

  • Guest
Re: hypothetical question.
« Reply #2 on: June 29, 2019, 09:05:23 »
This is one of many reasons I stood down as trustee when I came off the committee.



ACE

  • Hectare
  • *****
  • Posts: 7,424
Re: hypothetical question.
« Reply #3 on: June 29, 2019, 10:21:30 »
Yes 'I have read and understood' notice would do I suppose. But I don't think it would stand up to scrutiny by some certain shyster lawyers.

Deb P

  • Hectare
  • *****
  • Posts: 4,724
  • Still digging it....
Re: hypothetical question.
« Reply #4 on: June 29, 2019, 11:02:58 »
Is your allotment association a member of NSLAG? If so all members are covered for liability insurance, but the dreaded words Health and Safety apply here, they recommend all sites have a H&S policy and that will need to cover associations equipment being loaned out to members. I guess that will also cover the association being liable for the maintenance and training to use it safely but I’m sure someone will know the specifics......on our site we currently don’t loan out equipment because it’s felt to be too high a risk, so peeps  just use their own equipment at their own risk...
If it's not pouring with rain, I'm either in the garden or at the lottie! Probably still there in the rain as well TBH....🥴

http://www.littleoverlaneallotments.org.uk

Beersmith

  • Hectare
  • *****
  • Posts: 892
  • Duston, Northampton. Loam / sand.
Re: hypothetical question.
« Reply #5 on: June 29, 2019, 19:31:45 »
I just dig and plant and leave the running to the busy bodies.

Ace, I generally enjoy your "take no prisoners" approach to comments, but I feel this is unworthy of you.

Our committee like many others put in huge amounts of work. They collect the rents, chase late and non payers, tally up and send the total collected to the council. They inspect, issue non cultivation reminders, and handle evictions when needed. They manage the shop, secure discounts for bulk purchases and ensure the shop is open each week to provide a wide range of reasonably priced supplies. Also organise seed orders, shallot, onion set and seed potato sales. They maintain strimmers and lawnmowers available for plot holders and regularly deal with pests like wasps or rats. They organise periodic waste cages and attend the area allotment network meetings. Book rooms for the annual general meeting, and look after all the resulting clerical issues, including getting the accounts audited.

Without those "busy bodies" my site would be great deal poorer.



Not mad, just out to mulch!

ACE

  • Hectare
  • *****
  • Posts: 7,424
Re: hypothetical question.
« Reply #6 on: June 29, 2019, 21:03:56 »
I just dig and plant and leave the running to the busy bodies.

Ace, I generally enjoy your "take no prisoners" approach to comments, but I feel this is unworthy of you.

I know , I know, but where's the fun in admitting it. Here's a big thankyou to all the committee members and to make your job easier, just stay away from me.





saddad

  • Hectare
  • *****
  • Posts: 17,887
  • Derby, Derbyshire (Strange, but true!)
Re: hypothetical question.
« Reply #7 on: June 29, 2019, 23:19:28 »
It's a dirty job... but someone's got to do it!

Deb P

  • Hectare
  • *****
  • Posts: 4,724
  • Still digging it....
Re: hypothetical question.
« Reply #8 on: June 30, 2019, 11:23:17 »
It's a dirty job... but someone's got to do it!

Yeah what he said......🙄
If it's not pouring with rain, I'm either in the garden or at the lottie! Probably still there in the rain as well TBH....🥴

http://www.littleoverlaneallotments.org.uk

Paulh

  • Hectare
  • *****
  • Posts: 594
Re: hypothetical question.
« Reply #9 on: July 11, 2019, 14:29:28 »
Ace, it doesn't take a shyster lawyer to tell you that disclaimers of liability for personal injury or death are ineffective by law.

Our council will from next season require all plotholders to have public liability insurance cover. on its sites and that the best way to achieve this is to require them to join the Allotment Holders Association (great - it means the council collect all the subs for us and get contact details to pass to us in a GDPR compliant way). We concluded that the individual add on cover from NSLAG was not adequate and will be taking an association policy from the same insurer. It will cost about £3 or so per member.

 

SimplePortal 2.3.5 © 2008-2012, SimplePortal