did a job for a home owner have a garage build lads when and put job up couple of weeks ago when they got there the log hole where 4ft from the ground, they told the chap in the house this was a bit low and he agreed any way they told him he would not be able to get round his back garden because of the highed he agreed and said he would use the front way, so he calls me today to tell me he wasd going under the scaffold and cut his head open and had to have stiches, and i need to put this in my acciedent book, would this be the case as he was told not to go under it or should i put it in there.
how would you stand
- Thread starter b-safe1
- Start date
philliosmaximus
Moderator
Dont think he can say anything really as its domestic place, and he should have a hard hat on if its a place of work , cant he put it in his own accident book ?
this is what i was thinking why should it go down in my book he was told not to go under it, i told him he should of got brickies to build the f--k a bit hire as you have said should have a hard hat on cheers
Not very sure on this one B-safe, domestic properties are treated different but it still could be argued the scaffold shouldn't have blocked his access. It's like I was saying last night, they will say anything for the job to progress but if anything goes wrong they have a different slant on it. I would maybe take him a bottle of malt to try and appease him but don't accept blame. I would also put it in your book as well, it's of no real consequence but an issue could be made of it if it wasn't there.
Good luck.
Good luck.
the only thing with takeing him a bottle round would it look as if i was take the blame for his head, he has not said any thing about claiming justs about butting it in the book you just never know with pepole.
if it was a verbal agreement then its your word against his if it went any further . you should file this in your (section 7) ( 7 day inspection ) rite down from the day of erection agreed height with home owner then state lift hight and what u have explained to us. yes u never know better safe than sorry .could be 2 year's down the line then he springs a claim in
simian
Well-known member
- Joined
- Dec 6, 2010
- Messages
- 634
- Reaction score
- 0
It could be three years down the line to claim, you need to do an investigation, photos and take some statements whilst it's fresh. One thing to remember is section 3 of the health and safety at work covers persons not in your employment which means other workers and public.
Rigger
Moderator
b-safe1
I would be asking myself, and the customer why he want's it recording in your accident book and not his own.
Follow Simians advice and make a full investigation and record all relevent facts.
accept no responability for the accident ( A gift may imply you think you are to blame)
with the lift being 4ft from the ground, the injured person has made the decision to stoop under the scaffold,and mis-judged the available head clearance.
Also bear in mind although you may be working on domestic property for the owner of that property,It does not remove your duty of care to the householder or any visitors he may have on his property.
A judge will still expect you to work to the same standards as if you were on a commercial site as a professional company, you cannot have one set of H&S for domestic and another for commercial.
The law's that apply to a home owner working on his own property are vastly different, but gas and electricity regulations still apply to name a couple
I would be asking myself, and the customer why he want's it recording in your accident book and not his own.
Follow Simians advice and make a full investigation and record all relevent facts.
accept no responability for the accident ( A gift may imply you think you are to blame)
with the lift being 4ft from the ground, the injured person has made the decision to stoop under the scaffold,and mis-judged the available head clearance.
Also bear in mind although you may be working on domestic property for the owner of that property,It does not remove your duty of care to the householder or any visitors he may have on his property.
A judge will still expect you to work to the same standards as if you were on a commercial site as a professional company, you cannot have one set of H&S for domestic and another for commercial.
The law's that apply to a home owner working on his own property are vastly different, but gas and electricity regulations still apply to name a couple
J
Jason-Gibbs
Guest
You need to make sure that ALL your paperwork is in order and your arse is fully covered.
superscaff75
Well-known member
Yeah that computer pen is ingenius 
If the home owner ordered the scaffold, Is he therefore not responsible for ensuring public or other persons cannot come to injury while on his site I.E the site should of been fenced off so public couldnt wander onto site an get hurt, he is the main contractor as such and is therefore responsible for ensuring his contractors do as they suppose to,
We carry sticky red an white tape at all times and stick it to anything at all that might get caught by man or machine.
If the home owner ordered the scaffold, Is he therefore not responsible for ensuring public or other persons cannot come to injury while on his site I.E the site should of been fenced off so public couldnt wander onto site an get hurt, he is the main contractor as such and is therefore responsible for ensuring his contractors do as they suppose to,
We carry sticky red an white tape at all times and stick it to anything at all that might get caught by man or machine.
Rigger
Moderator
Superscaff
" Is he therefore not responsible for ensuring public or other persons cannot come to injury while on his site"
NOT TRUE many tresspassers and robbers have sucessfully claimed damages, against the owners of properties after being injured on thier properties.
" Is he therefore not responsible for ensuring public or other persons cannot come to injury while on his site"
NOT TRUE many tresspassers and robbers have sucessfully claimed damages, against the owners of properties after being injured on thier properties.
Flinty
Moderator
Sad but very, very true. If you fail to rob from someone's home.... sue them!
superscaff75
Well-known member
Thats what im saying rigger or trying to anyway my english writing is as good as my english speak , no fcuker can ever understand me haha they always have to ask my girlfriend or people who have known me years and mastered the art of listening faster :laugh:
Burgalers and trespassers successfully sue because property owners have failed to ensure safety of anyone getting access to property legally or not .
so therefore he is responsible for his property and site
paddy carr
Moderator
Who in there right mind would try and 'Limbo' under a 1200mm Garage scaffold, rather than walk round the easy way....... FFS, tell the **** if he disnae want another 14 stitches in his napper, to feck off and whistle dixie.
Rigger
Moderator
Sorry superscaff, thought you were saying the guy was not responsible
Paddy never thought of that option
Paddy never thought of that option