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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 17606
Experience:  I have been practising for 30 years.
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I have purchased roof tiles off a old building that belongs

Customer Question

Hi pearl. I have purchased roof tiles off a old building that belongs to a neighbour. The neighbour want a disclaimer form signed so thay I can claim if I fall and injury myself can I download one off the internet or what’s the best way I could get one
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no nothing yet just a agreed on A price for the tiles but it’s up to me to remove them
JA: Where is the property located?
Customer: omagh Northern Ireland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no just need the disclaimer form stating that I can’t claim form the owner of the property if personal injuries occur
Submitted: 20 days ago.
Category: Property Law
Expert:  F E Smith replied 20 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

why are you buying these particular tiles?

what are they made of?

and are you an experienced roofer?

Customer: replied 19 days ago.
I need these type off tiles because they are the same as I have on my own roof and I need to replace some on my roof
They are a natural slate
Yes have some experience in roofing
Expert:  F E Smith replied 19 days ago.

If a neighbour wants you to sign it, then sign it. It’s worthless if you are injured as a result of negligence on the part of the neighbour and if the neighbour is not negligent, and it’s your own fault, the neighbour has no liability anyway.

It will help if I explain how claims in negligence arise.

There needs to be

1. a duty of care

2. the duty of care needs to be breached

3. as a result of the breach there needs to be loss or injury

4. the loss or injury must be as a result of the breach

5. the loss or injury resulting from the breach must be reasonably foreseeable.

In order for there to be a claim in negligence, all 5 heads have to be satisfied.

Although a party may be able to opt out of negligence claims in respect of damage to property by having a contract or disclaimer, it is not possible to opt out of personal injury or death as a result of negligence.

The relevant statute is the Unfair Contract Terms Act 1977 (UCTA).

However even a disclaimer in respect of negligence claims with regard to damage to property will only be applicable if it passes the UCTA test of “reasonableness”. You would need to Google the Act to get all the details of that but basically a person can’t exclude liability for claims in negligence in respect of damage to property to basically do what they like, and drive a coach and horses through all their obligations.

You may find a Disclaimer Template on Google but whatever you get it’s going to need a lot of work.

I only have one disclaimer template and that’s going to need an hours work on it to get it to do what you need. I will try to submit a premium services proposal for you. Sometimes I can do that, sometimes the facility doesn’t work. It’s a glitch of the website for which I can only apologise. I shall try.

Have a look to see if you can find one on Google and if you can’t, then you could use my premium service and I would amend it to suit your circumstances. All you would need to do is fill in the name and address.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES