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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11289
Experience:  30 years as a practising solicitor.
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I was a engineer removed a part from job,which the client misused

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I was a engineer removed a part from job,which the client misused and resultedin an accident.health&saftey are now saying that I was responsible for the client injuries because I did not pullthe fuse at the main box of the lift. But I told the client not to use the lift as I had put out of order stickers on the lift doors, also turned the power off in the cab.but the client told one of his staff to open the lift door with a key after I told him not to do so.Resulting in someone falling dow n the shaft and injuring themselves.the health and safety are deeming me responsible. I would please like some advice about this issue. And what the best type of lawyer is to take on this case.thank you.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
From a technical point of view, f you had pulled the fuse, would that have made a difference, given that the client then opened the door with a key?
Customer: replied 2 years ago.

No if the fuses were pulled they could still access the lift door with he key.The lift cab was powerless and there was out of order stickers on the doors at each level to say not to use or open.He is trying to say that the engineer show him how to open the door, the engineer has said on to time is he told or showed him how to access it.The health and safety are saying he did not follow procedure with pulling the fuses, but that would not have stopped him using a key to get into the lift.So I am wondering how I stand here, and what can happen to myself with the health and safety.

Expert:  JGM replied 2 years ago.
They can't hold you responsible. They may say that you didn't follow procedures, assuming there were procedures whereby you should have pulled the fuses, but that didn't cause the accident and wouldn't have prevented the accident from what you say.
You need to see a criminal solicitor who specialises in H & S work. See www.lawscot.org.uk for the Find a Solicitor tool or call them directly for a recommendation.
Personally I don't think you have anything to worry about.
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