T&C - Who is liable?

dcooper_3

Hi All,

I am just preparing my terms and conditions and as a sole trader wondered who is liable?

For example, my terms and conditions read something like this:

You hereby accept that Dave Cooper and Pipework Plumbers are not held liable for.......

In the above context Dave Cooper is me, a sole trader, and Pipework Plumbers is what I am calling my non-limited (sole trader) business name. So my question is:

Can I get away with just putting Dave Cooper is not liable for accidents for example or do I have to mention the business name as not being liable too? Or even put the business name as not being liable?

Regards

DCooper

Emmzi

"Dave C trading as Pipework Plumbers"

you do have liability insurance etc don't you? As you can statwe you are not liable for some things which won't hold up in court....

dcooper_3

Hi Emmzi,

Yes, I do have public liability with standard product liability too. I just wanted to cover myself in my website for example where I do not really want to state I have insurance (apparently, I been told by my insurance broker, insurance companies do not like you to plaster (excuse the pun!) FULLY INSURED all over the place).

Saying the above, what would be the circumstances if someone did not have insurance (would the wording still be the same? Just curious).

Regards

DCooper

Emmzi

you can word it any way you like - if there's no insurance the only difference you'd be personally liable and if something bad happens you may lose your house etc etc

honeypop

A lot of people wouldn't use a trader whose website didn't state they were fully insured and where they also state they are not liable for accidents, damage etc.

I think you'd be losing yourself some custom with the wording you are after, your insurance company are talking rubbish (IMO) by saying you shouldn't state you are fully insured.

In the instance where someone didn't have insurance, like you asked, then they shouldn't really be providing the service in the first place. I thought insurance was a requirement of trading, but I may be wrong.

You can state you're not liable for whatever you like, but if something happens in a customers property and your insurance covers it then they will still claim against you/the company,

Hammyman

Seconded. I have clauses in my terms of trading but they're mainly for not being held liable for loss of data.

If you're not insured and you cause damage through something you do, expect to be hauled through court.

anamenottaken

If you are actually responsible (directly or vicariously) then no written term in your paperwork is going to prevent your being held responsible and liable for any damage.

SarEl

I have got to agree - you are either fully insured, fully liable - or I don't want you working for me!!!! You do a job that you you tell me you can do, and if it is wrong then I am going to sue your !!!!, and I don't care what you think the paperwork says! If you are a professional, the cover your potential losses.