How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50497
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

I run a garden business. I employ 1-2 people. They use hedge

This answer was rated:

I run a garden business. I employ 1-2 people. They use hedge trimmers, lawn mowers and other cutting equipment. They are PAYE not self employed. I get them sign a document out lining how to use the equipment safely and that they have been trained to use the pieces of equipment. I also include a disclaimer reading: 'My company accepts no responsibility for accidents or injuries if the work practices are not adhered to'. Is this enough to cover me against accidents or injuries from using the equipment or should i be doing more?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Legally you cannot waive your liability for death or personal injury arising out of your negligence, even if a disclaimer has been signed.

However, that only applies if you have been negligent, such as if you have provided faulty equipment, not undertaken a risk assessment, not trained the employees properly, etc. If you have done all that is reasonably expected of you, including having specific procedures in place, and it is the employees who have failed to follow them and that has resulted in the injury, then such a disclaimer can indeed be sufficient. However it is important to remember that the injury must be as a result of the employees’ failure to follow the procedures, not any act of negligence on your part as that can never be waived.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 4 months ago.
Ok thanks. so what I am doing getting them to sign a document outlining how to use the equipment and work safely and signing a document verifying they have been trained on how to use the equipment. Including the disclaimer This is sufficient? There is no more that I should be doing to cover myself? Apart from ensuring the equipment is safe.
Customer: replied 4 months ago.
No. typed answer is fine

legally that can indeed be sufficient - the key is to provide safe equipment, using safe procedures and train them properly according to these. The disclaimer does basically state that they are expected to follow these procedures and that if they do nit, they will be liable for injuries and that can be legally sound

Ben Jones and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you. that is what I wanted to know. I am doing things legally sound

you are welcome all the best