Lending tools to friends - ? liability

rock22

I have a good range of DIY tools , built up over the years, and am often asked to lend to friends or family, which I do. This is not for reward, just being neighbourly.

However, ( having recently injured my own finger with a power tool) I just wondered if I have any liability if any of these friends or family injure themselves using my tools.

If there is a liability can I mitigate this by getting them to sign an agreement accepting all liability/

Or should I just not lend tools.

thanks

Slyderx1

neither a lender or a borrower be.

hullaballoo

Unless the tools are faulty and you know or ought to know about the fault, then I cannot see what you would be liable for. Am I missing something?

What sort or accident/injury are you thinking of that might make you liable?

NoQuarter

hullaballoo wrote: »

Unless the tools are faulty and you know or ought to know about the fault, then I cannot see what you would be liable for.

And I'd imagine it would only possible be negligence simpliciter in that circumstance. I dont think a lender would be caught by the Defective Products Act.

rock22

Thanks
you have reassured me.
To be honest, it was only when I injured my own finger that I thought what might happen if it happened to someone I lent the tools to.

thanks

Layinghen

You will only be liable if there is negligence on your part. If something does happen and you are deemed to be liable, the public liability cover on your household Policy will kick in. This is provided of course that your tools are just loaned to people as an act of kindness and not for reward.

hullaballoo

Layinghen wrote: »

You will only be liable if there is negligence on your part. If something does happen and you are deemed to be liable, the public liability cover on your household Policy will kick in. This is provided of course that your tools are just loaned to people as an act of kindness and not for reward.

That's great that you've managed to read the OP's home insurance policy documentation in full in the 20 minutes since he posted here but it looks a bit like legal advice all the same so, PLEASE READ THE FORUM CHARTER BEFORE POSTING HERE AGAIN.

Layinghen

Apologies Hullabaloo if my post looks like legal advice. It was absolutely not meant to come across that way and most certainly was not given as legal advice. I have read the forum charter and am aware of the rules and the reasons for them. I was merely trying to allay any fears that the OP may have had in helping out others. Apologies again.

Slyderx1

Layinghen wrote: »

Moderated.

the op does not say he has any form of a policy at all at all. His question which was twofold was could he be liable in tort and what step(s) could he take if in fact he was liable to negate such liability.

deandean

It's a very good query OP and all the folks in the DIY forum would be interested in this thread too.

For example I have an electric log splitter that I modified heavily so that it's brilliant, but I never loan it (despite requests) because I think of the scenario where the loanee(?) loses a hand, sues me and 'his engineer' is telling the judge how unsafe my machine is and it's all my fault.

Practice this in the mirror, this is just to preserve your tools so you have them when you need them, say & repeat: sorry but no. It's mine and I need it. You can hire one at xxx or buy one from yyy but I'm not loaning you mine'.

NoQuarter

Probably a wise choice considering you've modified it.