Qualifications - or lack of.

[supermalc]

In this age of litigation etc. we need to be careful if a non-qualified person, even if totally competent does work.

For instance, if someone did some work e.g. fitting a new gas cooker, and even though the work was of the highest standard, an injury causing accident occured.

Because the person who did the work was unqualified, would he/she be held responsible, simply because they were unqualified, and not because the work was sub-standard.

Are there any legal professionals that can help?

Just being cautious.

<hr width=100% size=1>Malcolm.
<A target="_blank" HREF=http://www.angelfire.com/rnb/malcsworld/>http://www.angelfire.com/rnb/malcsworld/</A>
Take a look at my boating pages.

 

[Guest]

Is it the qualificatiosn or the Professional Indemnity that is the issue here ??

Liability is often down to Compensation claim ...... OK death - could lead to man-slaughter proceedings ???

IMHO ....

<hr width=100% size=1>Nigel ...
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[AndrewB]

Whether qualified or not, if a person's workmanship results in an accident, they may be held responsible.

The real problems are different. Will that person be properly insured (professionally indemnified) if this occurs? Will your own insurance indemnify you, as boat owner, if you have made use of unqualified labour, particularly for gas fittings where there are statutory obligations.

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[Guest]

On the point of Gas ...... having fitted / replaced calor gas stuff on boats and caravans ... my own that is ....

I know that Inland waterways have rules etc. - but what about us others .... is there really a set of rules ?? If so then why are caravan / chandler shops selling to all and sundry ??


<hr width=100% size=1>Nigel ...
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[l'escargot]

From the Calor website:

"you do not have to have the professional qualifications of a C.O.R.G.I. engineer, but you do need to do the job in a "workman like manner", so you will need to have read a copy of EN ISO 10239 and BS5482 pt3 as well as the references listed within. If you wish to do the installation yourself, then get it checked by a C.O.R.G.I. registered and "Competent" engineer who can issue a gas safety certificate. Your insurance company may insist upon it .

If your vessel is:
1. "hired out in the course of a business"
2. "made available to members of the public in the course of a business carried out from that vessel" OR
3. "used primarily for domestic or residential purposes"
then you have a legal requirement under the Gas Safety (Installations and Use) Regulations 1998 to use a C.O.R.G.I. engineer."


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[supermalc]

It was just to highlight, if you have an injury/death claim, would your insurance find a loophole to avoid paying because the person who did the work was not qualified.

Over 20 years ago, someone I know lost his house and possessions because he was returning a car to a friend. An injury accident occured with a moped rider. The car had no mechanical faults, but the MOT was 3 days overdue. The insurance refused to pay.

<hr width=100% size=1>Malcolm.
<A target="_blank" HREF=http://www.angelfire.com/rnb/malcsworld/>http://www.angelfire.com/rnb/malcsworld/</A>
Take a look at my boating pages.

 

[maxi]

Re: Professional Indemnity

The insurance companies, in their present state of hysteria regarding litigation, are creating a situation where work is carried out without appropriate cover.

Virtually all Marine work is carried out by SME's and very small SME's at that. Any new venture (or even established trader) attempting to obtain Professional Indemnity insurance these days, is finding that the premium demands are wholly outside any practicable consideration - and that the customers just cannot or will not bear that cost being passed on. Result, capable but uninsured work being carried out.
If anyone knows a source of "competitive" PI insurance, please post the info.

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[poter]

Re: Professional Indemnity

& its not just the insurance, to get the certificate can cost upwards of £1500 & on top of that you have to renew every 2 or 3 years.

Guess where the money goes?


poter.



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