Damages by gardener

angel198081

Hi I had a gardener work on my property. While mowing the garden he cut through the cable of my swimming pool filter. A big bang and power out to my house.

I went out and said sorry I didn't mention that but do not believe I've accepted responsibility for his actions causing this. 

He's now saying I accepted liability by saying I'd not mentioned it but his negligence caused this. The filter is connected to a waterproof extension lead both items mentioned very clearly visible. The power was on at the time so the filter was working. I had a gardener previously who moved away who never cut through the cables and I'd never thought to mention them to him either. Advice please 

pinkshoes

Swimming pool cables should either be buried a suitable distance under ground as per the regulations (if a permanent pool), or made VERY clear to anyone working in the area.

It was entirely your responsibility to highlight this cable to him before he started the work. 

Was there an RCD fitted to it?

Robin9

As an employer you have a duty of care to your gardener and should draw attention to any hazard.

You are liable

RefluentBeans

Two sides of the story here right - you should expect the work to be carried out with reasonable care and skill. Cutting through a wire probably isn’t that. 

Alternatively, having a live wire that is permanently on traipsing over your garden is risky, and if you didn’t tell him that, then he may not have seen it and you put him at risk. It also seems against building regulations if the pool is a permanent or semi permanent fixture. 

So the question is if you attempt to sue him will he go to a solicitor who will counter and say you were operating a pool that was not in line with building regs and that you didn’t adequately inform him of all the risk, and thus putting his life in danger…

Impossible to say who a court would favour. But I think it would be a coin toss and I don’t know who would win in that scenario. Personally, I wouldn’t go to court for a coin toss. 

TELLIT01

If the cable wasn't very clearly visible then there is no way the blame can be placed on the gardener.  Presumably he was mowing the lawn because the grass had grown, possibly hiding the cable.  The OP mentions that this was a new gardener so possibly the grass was longer than normal.  As others have said, the cable should have been buried and/or in armoured cable.  Personal opinion is that the OP would have great difficulty trying to hold the gardener responsible.

km1500

You need to count your lucky stars that you didn't electrocute your gardener

bris

If you didn't bury the cable at the minimum depth then your lucky your not right now in cuffs for manslaughter.

You are responsible for everything in your garden, if you get tradesmen in you need to tell them about possible hazards.

Aylesbury_Duck

angel198081 said:

Hi I had a gardener work on my property. While mowing the garden he cut through the cable of my swimming pool filter. A big bang and power out to my house.

I went out and said sorry I didn't mention that but do not believe I've accepted responsibility for his actions causing this. 

He's now saying I accepted liability by saying I'd not mentioned it but his negligence caused this. The filter is connected to a waterproof extension lead both items mentioned very clearly visible. The power was on at the time so the filter was working. I had a gardener previously who moved away who never cut through the cables and I'd never thought to mention them to him either. Advice please 

I'm afraid I agree with the majority view here.  It doesn't sound like your wiring was compliant, and the regulations are there to prevent events just like this.  Assuming this is a proper pool, and not a large paddling pool erected for the day, there will be applicable wiring regulations.  As an example, I erected a shed workshop in the corner of my garden, and use a proper armoured cable run from the house consumer unit to the shed's own consumer unit.  It's buried (I think it's about 18 inches deep) with the required sand/gravel layer on top and a foil strip so it's visible should anyone start digging.

From your description, it sounds like a waterproof extension lead run from a socket in the house, with no RCD protection?  If that's the case, then I don't think the gardener is responsible for the accident or subsequent damage.

FinaceFave

My gardener also happens to be my "pool guy" and general handyman-----and lives in a cottage we have on the other side of our property on the other side of the orchard and wooded area. So we can't see the OP's "event" happening to us.

In case of O/P's "event", it seems that his liability is to inform gardener of any relevant info, especially something as important as the swimming pool filter.

eddddy

angel198081 said:

He's now saying I accepted liability by saying I'd not mentioned it but his negligence caused this. 

Negligence is usually defined as something like this: An action – or lack of action - that falls below the standard expected of a reasonably competent equivalent person. 

So if depends on the precise facts:

• Would a reasonably competent equivalent gardener have seen the cable, and moved it or avoided it? (If so your gardener was negligent)

• But would  a reasonably competent home owner have warned the gardener about the cable - or was the cable so obvious that there was no need to warn him?

• (For example, you wouldn't warn the gardener about a tree in the middle of the lawn - because it's obvious.)

I guess the incident tripped a switch (or blew a fuse) so that was easy to put right. So the only loss is the cost of a new extension lead.

Bradden

eddddy said:

angel198081 said:

He's now saying I accepted liability by saying I'd not mentioned it but his negligence caused this. 

Negligence is usually defined as something like this: An action – or lack of action - that falls below the standard expected of a reasonably competent equivalent person. 

So if depends on the precise facts:

• Would a reasonably competent equivalent gardener have seen the cable, and moved it or avoided it? (If so your gardener was negligent)

• But would  a reasonably competent home owner have warned the gardener about the cable - or was the cable so obvious that there was no need to warn him?

• (For example, you wouldn't warn the gardener about a tree in the middle of the lawn - because it's obvious.)

I guess the incident tripped a switch (or blew a fuse) so that was easy to put right. So the only loss is the cost of a new extension lead.

I disagree.... as others have said the cable should be buried. The home owner is responsible IMHO.