Liability?

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  • Pap_sak
    Silver Member

    • Sep 2008
    • 466

    #1

    Liability?

    If I let someone work in my garage and use my tools, but hurts himself, I am guessing I would be liable? Even if he is not employed by me and I am just letting him use my tools as a favour? What about if I make him sign I letter stating I cannot be held liable?

    Soon I will be taking very early retirement at 40, but from then on have to really guard what little capital I have - certainly do not want "being a nice guy" to bite me in the ass...
  • AndyD
    Diamond Member

    • Jan 2010
    • 4946

    #2
    Can't believe you let people in your garage to use your tools.
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    • Pap_sak
      Silver Member

      • Sep 2008
      • 466

      #3
      Well, haven't as yet. But thinking I might team up with a guy to make some small projects - nothing serious, but some pocket money. I do not know the guy very well, but he seems like a good guy and really wants to work with his hands. This guy though seems to have nothing in assets - and I mean nothing, not even a car. I am kind of worried that if he chops his hand off I will be the one footing the bills....

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      • Beancounter
        Bronze Member

        • Oct 2011
        • 140

        #4
        Your insurance should cover it under public liability but make him sign an indemnity form anyway. Stranger things have happened and people tend to go the USA way and sue for anything.
        No good deed shall go unpunished - Oscar Wilde

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        • HR Solutions
          Suspended

          • Mar 2013
          • 3358

          #5
          Originally posted by Pap_sak
          Well, haven't as yet. But thinking I might team up with a guy to make some small projects - nothing serious, but some pocket money. I do not know the guy very well, but he seems like a good guy and really wants to work with his hands. This guy though seems to have nothing in assets - and I mean nothing, not even a car. I am kind of worried that if he chops his hand off I will be the one footing the bills....
          I would be more worried that he has nothing to his name, and you do have things to your name and you would not want to add tools to his name without you knowing. I have also been caught by the "he seems like a good guy" thing .......... and am very wary of people until I really build up a trust.

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          • Pap_sak
            Silver Member

            • Sep 2008
            • 466

            #6
            Cheers for the input guys. I think personal liability would cover an accident if we where making items for ourselves, but I am sure they would wriggle out of it if there was even a hint of making items for profit.

            I'll see where it goes - I am one of those guys that always see's worst case scenario's everywhere - I should learn to relax a bit.

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            • sterne.law@gmail.com
              Platinum Member

              • Oct 2009
              • 1332

              #7
              Sign agreement that sets out true nature of relationship.
              Workmen comp has a presumption of employee rider.

              Liability is based on negligent and reasonable forseeability.
              Make yourself comfortable that he knows how to use tools, check Cv, track record or get him to say he is an expert.
              You have to make sure you show due care.
              Anthony Sterne

              www.acumenholdings.co.za
              DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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