Business & Finance

Thursday, March 26, 2009

Legal position with lending stepladders?

Hello this is somewhat random question but I wonder if anyone would know the legal implications of lending a friend some stepladders.





I thought for a long time if someone has an accident on your property whilst using your ladders they could sue you. What about if you loaned them out and they fell off them?





I wasnt sure if it was as simple as falling off and being liable or falling off due to a defective which was not made aware to them at the time of lending.





Any feedback appreciated but not expected in this case hehe :)



The onus is on the Ledee, to ensure it's safe for him to use and is used as intended by the manufacturer and good practice.





Onus is on the Lender, not to lend an unsafe ladder.





For example, say you weigh 10 stone and the ladder is safe and good for you to use. Your lendee (neighbour) may weigh 20 stone. He may wish to use the ladder unsafely or at an unsafe angle. That decison is his, not yours, so you cannot be held responsible for his acts.




Hi





First it would be civil; second the steps should be fit for purpose and in a condition you would use yourself. Any fall etc would need to conclusively prove that the steps were the root cause. Unless they were, you have little to be concerned about.





Curtis




If the other party fell off due to your own negligence (ie you didn't tighten one of the screws or something) then they would have a case. Not sure if it would win though.

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