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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am a director of property managerment co (for three blocks

Resolved Question:

I am a director of property managerment co (for three blocks of flats of which I am the owner of one flat.
A fellow director used a relative to do some work and we are retrospectivly trying to find out what would have happened if the person had been injured carrying out this work.
Could he have sued the director and other directors (who were unaware of what occured) for compensation?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Normally, they can only sue the company, and not the directors and/or shareholders, as only the company itself instructs them to do the work. Normally, the management company would have insurance to cover issues like this, just in case.

Customer:

coule the 'pay out' be substantial?

tdlawyer :

Depends on the injury, but yes, in theory it could be. If somebody lost an arm or leg, for example, as opposed to falling over and grazing their arm, then the payout could be substantial indeed.

Customer:

even if the company could prove the 'contractor' was negligent and had not adhered to HSE regulations?

tdlawyer :

Obviously, the company would need to be at fault in some way to be successfully sued, but yes, in theory it's entirely possible.

tdlawyer :

Ah .... that's a defence, or partial defence.

tdlawyer :

If there is an unsafe place of work which the Mgt Co is liable for, for example, then this might be a defence and might reduce the damages by a percentage, perhaps 100% on limited occasions.

Customer:

Fortunately there wasn't an accident but a 'barrack room lawyer' owner of one of the flats is stiring up possible trouble :-(

tdlawyer :

Ah ... lawyers - they're a nuisance! :)

tdlawyer :

Make sure the management company has insurance, that's a key thing.

tdlawyer :

Or, that it instructs contractors that do.

Customer:

Well thanks for your input, I am a bit more re-assured now.
Will a transcript of our conversation be sent to me by email?

tdlawyer :

I can ask for one to be sent to you if you wish by customer services once we've finished chatting?

Customer:

That would bre good thank you.

Customer:

bre?

tdlawyer :

Will do - thanks for your question this afternoon.

Customer:

Bye

tdlawyer :

Goodbye.

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