[tomo]

can anyone help? i have been doing the hard sell for changing over to wfp and mentioned to customers that it complies with health and saftey regs etc etc... she then asked me if i were using ladders on her property and fell would she be liable/responsible for me and could she be fined for inviting me on to her property?? could anyone answer this for me please. thanks

[Moderator David@stives]

to be blunt  yes partly liable sued but i dont know about fined

[tomo]

thanks David i was'nt sure. I had heard from a customer or two mostly old dears when i started 13yrs ago saying "watch you don't fall i dont want to be sued" i thought they were joking

[gaza]

yes she could be sued,she has employed you and therefore has a duty of care,you should give her a risk assessment and method statement,

If she was out when you cleaned the windows I carnt see it sticking

  GAZA

[windows_chepstow]

Tomo,

Be carefull.  I've suggested to some customers that they could be seen as my contractor in the eyes of the law, therefore they have a duty of care to ensure that I work safely and that working at height is a last resort blah, blah etc.

And you can't get more safe than a WFP.

However, if I think their neighbor's house would be quicker to whip around using ladders; then I use ladders, which sort of goes against what I've already suggested.

Just be carefull you don't make yourself look inconsistant to some of your customers.  Some may disagree, but some properties are quicker using traditional methods.

[SWC_70]

Nowadays, anybody can sue anyone for anything no matter how ludicrous it seems. From the postman trapping his fingers in your letterbox to the burglar falling through your skylight.
If she's that bothered and you really need her £10 or whatever, just sign a disclaimer.
Why over complicate matters?

[garry]

to be blunt  yes partly liable sued but i dont know about fined
[/qu

ote]
i dont think you can sue them i had a nasty fall this year and tried about 10 of these no win no fee people everyone said i didnt have a chance

[rosskesava]

I thought that responsibilty for a safe working practice lies with the person carrying out the work and if self employed, it rests solely with them.

In other postings there has been loads about how the H & S will lock you up in chains for not complying but , as written in the above postings, it seems now it is the responsibility of the person whose house you are cleaning.

It can't be both the w/c's fault and the house owner?

Seriously though, the law about sueing for damages and all that, if you fell off your ladder you'd have to somehow prove the home owner had been negligent. Negligence always has to be proved first and if something is a one off, even if employed and in the workplace, it can be very difficult to prove.

If the customer had dug a hole and put a bit of sheeting over it and then asked you to do their windows....... maybe but not for falling off a ladder.

And what is meant by 'falling'? If you over stretched and fell how would the customer have been negligent? Or if the ladder slid from underneath you how can the customer be liable? Who put the ladder where it was and who deemed it safe to go up? The customer?

Also, the customer is not inviting you onto their property. They are paying for a service and it's access that is granted in order to carry out that job of work.

Hi Gaza

Just by cleaning someone's windows doesn't mean they are employing you. An exchange of money for goods or services is not covered by any employment laws.

Cheers