can i sue

[Agile]

i have often wondered if false info has been given out is it possible for folks to take diy to court for damages?

The Law is often quite unusual.

I think that it would be very difficult to sue for libel if someone said something defamatory about you AND it was promptly deleted by this web site owner.

On the other hand, if you gave wrong advice about how to do something and a DIYer did what you suggested and cut off his hand for example then I think he could sue both you and this site for negligence. Damages for a manual worker thus unable to work could be quite high!

Dont think that hiding under an anonomous posting name is likely to hide you either. The court would order the site owner to disclose the identity of the person concerned.

Thats why I have professional indemnity insurance! But I doubt that many others advising on this site have it.

In any case I carefully avoid giving any advice which could possibly encourage someone to do anything which they may not be capable of doing safely. My advice is that if in doubt the call a professional!

Tony

 

[^woody^]

Anyone can sue anyone for negligence.

The hard bit is proving that the person owed a duty of care to the aggrieved person.

The information in this forum is opinion not guidance. No member has any relationship to another in terms of the opinion so there is no duty owed.

Even if direct instruction is given in posts, then it would not be reasonable for a member to act on such information without first checking the information and getting it confirmed properly - that's what would be "reasonably" expected of a normal person

DIYnot may have liability for the items it prints as advice and guidance in the "How to" and "Wiki" sections though

 

[Shytalkz]

What about the "advice down the pub" scenario as a professional (not that I is wun qv!) then, Woodster?

 

[Agile]

I dont see how you come to the conclusion that the advice given on this forum is all "opinion".

Many of the replies are telling the OP how to do something. In the case of electrical or gas matters I cringe when I see experienced people telling lay DIYers how to do something when they will clearly have no training or experience to enable them to do it safely.

Tony

 

[^woody^]

There is no relationship so it is not deemed direct advice in the true sense. It is one opinion based on limited details posted.

Yes, people may be telling other people how things are done, or how things can be done, but they are not telling people to actually do it, nor are they telling people how to do something in the context of a direct relationship where one person specifically engages with another for specific expert advice.

Down the pub? Well its the same, but its a bit different where a professional or suchlike is approached directly for "advice or opinion". He has been specifically asked, based on his expertise, and whilst there is no contractual relationship, there may be some responsibility in the response the professional gives. If he caveat's his response or talks in general terms, then that will do, but the professional should be wary of who he is talking to and the context of the advice/opinion he gives.

If it's fat lazy Taxi drivers, who know everything and have done everything, then you certainly can't rely on them and if you did sue them then no court would believe that you actually took their advice seriously

 

[fastneattrowel]

 

[fastneattrowel]

I dont see how you come to the conclusion that the advice given on this forum is all "opinion".

Many of the replies are telling the OP how to do something. In the case of electrical or gas matters I cringe when I see experienced people telling lay DIYers how to do something when they will clearly have no training or experience to enable them to do it safely.

Tony

You have a good point there agile , Wondering if i really should take my case further, I wont go into details to much but after reading a electrical equiry i took the advice of a expert and nearly blew the house up, maybe i might go for one of those no win no fee options ,

 

[fastneattrowel]

View media item 12084 i was lucky others might not be [/img]