A question of liability

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RoseRodent

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A question of liability

  • on: 19 Feb 2016 01:02PM



I'm trying to strengthen the case for action on something I'm organising and I hope to try to make a point that if someone chooses an organisation as an outside contractor and allows that contractor to act without training, it is actually quite possible that legal action could reflect back on the original person, not just the contractor.


e.g. Thingycorp wants to contract out services for stopping wheelchairs at the top of a cliff (stupid example, it's the only one which came to mind!).
Thingycorp put the contract out to tender, and each potential contractor tells Thingycorp how expensive their service will be - and little else
Thingycorp provide no training to the contractor, nor does Thingycorp check what training they have or deliver to their staff, they simply assume they are safe to operate and let them get on with providing a service to clients of Thingycorp, whose contract to use the cliff is with Thingycorp
The contractor fails, and a wheelchair user goes off the cliff edge due to a negligent and preventable act


Is there any liability attached to Thingycorp for their role in this failure?


The contractor is obviously involved and has liability, but does liability stop with them ONLY since Thingycorp didn't bother to find out if the contractor was actually in a position to provide cliff stopping services in the first place, and it should have been obvious to Thingycorp that this was an important aspect of contracting them this work.

Hurtyback

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Re: A question of liability

  • on: 19 Feb 2016 05:31PM
I would think that the contractor has vicarious liability - but I could well be wrong!

Fiz

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Re: A question of liability

  • on: 02 Mar 2016 10:00PM
Yes it's the contractor who carries all blame. They should only tender for jobs they are capable of and it's up to them to make sure all the operatives are suitably trained.

Locally here a firm gained the contract for some manual work on an oil refinery. One of the contractor's employees fell to his death and the whole thing went through every level of court and the courts all agreed the contracting company was liable and to blame and not the oil refinery company. So there's a real life scenario and the legal results.

Hurtyback

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Re: A question of liability

  • on: 03 Mar 2016 05:24PM
Sorry, when I said 'contractor' I meant the original company, not the sub-contractor. Although Fiz's post seems to belie this.