Non-responsibility document?

BillyBoy13

OK, the building Im in now failed an inspection and they need to do some work on it which is going to take about 3 weeks or at the very most 6 weeks.

So landlord has another building which he said we can have. So we'll move business and for those couple of weeks he'll give me a discount for the hassle. Perfect.

Problem is I called my insurance and they wont move the public liability as its a different building, now we have stairs, balcony, the place is warmed with an open fire and not heating- apparently that's a risk on its own because a customer could trip and fall into it or a toddler could grab a hot poker :rolleyes:

Basically they want to give me a new policy. Which I cant afford because Im in debt right now.

So Im thinking, its only 6 weeks long. And because of the nature of the work I do, I could probably get 99% of my customers to meet me elsewhere and then the few that absolutely need to be on the premises maybe I could get them to sign some kind of agreement (I the undersigned take full responsibility for anything that may happen to me whilst on these premises type of thing).

I just dont want to have to get a new policy for what could amount to 3 customers.

So could something like that work? Obviously it will go through my solicitor but just wanted to get some opinions first before I go booking an appointment.

Bepolite

BillyBoy13 wrote: »

Problem is I called my insurance and they wont move the public liability as its a different building, now we have stairs, balcony, the place is warmed with an open fire and not heating- apparently that's a risk on its own because a customer could trip and fall into it or a toddler could grab a hot poker :rolleyes:

I'm sure they're impressed by your view of Health and Safety. I'm sure you've conducted a full risk assessment.

BillyBoy13 wrote: »

...[M]aybe I could get them to sign some kind of agreement (I the undersigned take full responsibility for anything that may happen to me whilst on these premises type of thing).

You can't contract out of negligence by waiver.

BillyBoy13 wrote: »

So could something like that work? Obviously it will go through my solicitor but just wanted to get some opinions first before I go booking an appointment.

My opinion would be get some serious assistance in relation to H&S. Your attitude seems pretty lax. Perhaps it's just the way you come across here but if you're having to ask these basic questions here it doesn't engender confidence in your professional ability.

BillyBoy13

Bepolite wrote: »

I'm sure they're impressed by your view of Health and Safety. I'm sure you've conducted a full risk assessment.

What? Well yes, I do agree with them that its possible a customer could trip over his lace and fall head first into the fire.

But like I said Im looking at 6 customers at the absolute most. Im damn near sure out of the 6 customers the chances of one of them falling into a fire whilst walking across the room is negligible. Id say Id have a better chance of winning the lottery.

As for the toddlers grabbing a poker. My customers don't take their kids to work with them, so no problems there. But the insurance insist that there is nothing stopping a customer taking a toddler with them, which is quite true, but in all my years in this line of work Ive never once seen a toddler being brought along. So again, the odds of it happening during these 3 weeks is next to nothing.

So me paying through the nose for a new policy (when Im already in debt) to cover me incase either of the above happen is just nonsense.

Bepolite wrote: »

you're having to ask these basic questions here it doesn't engender confidence in your professional ability.

So because Im not an expert on legal matters and insurance issues Im automatically useless at my job?

Bepolite

BillyBoy13 wrote: »

So because Im not an expert on legal matters and insurance issues Im automatically useless at my job?

No I said it places an assumption along with the tone of your post. Unfortunately the more people that take a lax view the tighter insurance companies get. To be fair we're already so far down that track that we're not going back but do mind yourself. You should have a rough idea about liability etc. if you're in charge of a site.

The_Pretender

Could you not get your landlord to pay up to cover the extra insurance costs for the 6 weeks? Or at least reduce the rent to a rate that enables you to pay the insurance? It's because if them that you have to move anyway.

BillyBoy13

The_Pretender wrote: »

Could you not get your landlord to pay up to cover the extra insurance costs for the 6 weeks? Or at least reduce the rent to a rate that enables you to pay the insurance? It's because if them that you have to move anyway.

Well Im pretty good mates with the landlord and he gives me the regular place fairly cheap just until I can get the business established and get it up and moving so I wouldnt go asking him to cover it- it would be a bit cheeky. But lets just put it like this, even if he was to give me free rent for the 6 weeks the savings Id make still wouldn't cover the new insurance policy. And all because somebody might possibly fall over the balcony or possibly fall into the fire. Its a complete joke to be honest.

Pro Hoc Vice

BillyBoy13 wrote: »

Well Im pretty good mates with the landlord and he gives me the regular place fairly cheap just until I can get the business established and get it up and moving so I wouldnt go asking him to cover it- it would be a bit cheeky. But lets just put it like this, even if he was to give me free rent for the 6 weeks the savings Id make still wouldn't cover the new insurance policy. And all because somebody might possibly fall over the balcony or possibly fall into the fire. Its a complete joke to be honest.

If a person can fall over a balcony or into a fire same is due to your negligence, if on the other hand someone in your business falls over his own shoe that is not your negligence. You can exclude liability under the occupiers liability act 1995 but only in certain circumstances.

If I was you I would really be taking issue with your insurance company and broker, you are a customer you want cover to help your business grow, they should be able to provide same, if your current insurer can't give you what you need I would be searching around for alternatives.

BillyBoy13

infosys wrote: »

If a person can fall over a balcony or into a fire same is due to your negligence, if on the other hand someone in your business falls over his own shoe that is not your negligence. You can exclude liability under the occupiers liability act 1995 but only in certain circumstances.

If I was you I would really be taking issue with your insurance company and broker, you are a customer you want cover to help your business grow, they should be able to provide same, if your current insurer can't give you what you need I would be searching around for alternatives.

Thanks for the advice. Well I have my own house/car insurance with them and I have business and the business van with them so it gives me a bit of bargaining power. But yeh, I think your right, it might be time to call around a few different places and see can someone give me a better deal. If need be I can shift the house and business over.

Pro Hoc Vice

BillyBoy13 wrote: »

Thanks for the advice. Well I have my own house/car insurance with them and I have business and the business van with them so it gives me a bit of bargaining power. But yeh, I think your right, it might be time to call around a few different places and see can someone give me a better deal. If need be I can shift the house and business over.

Exactly, bet when you add up all your giving them every year you will get a surprise, if they want to keep your business they better help you do business.