Nest, Hive etc etc

[PullerGas]

Can I sent out a word of caution to any installers; giving advice to DaftyDIYers on the wiring of the above. If one of them fry themselves while doing electrical work, on your advice.
You're liable for their injuries.

 

[hertsboilers]

Really?

 

[motorbiking]

Proximity? duty of care? assumed responsibility? etc - its not a simple argument to say there is a duty of care for informal advice from an expert.

read:

1. Caparo Industries v Dickman [1990]
2. Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964]
3. BCCI (Overseas) Ltd v Price Waterhouse (No 2); Orse Bank of Credit and Commerce International (Overseas) Ltd v Price Waterhouse (No 2): CA 1998

 

[stem]

Not sure why you have singled out electrical work, and more specifically heating controls. Other DIY activities, such as plumbing, roofing, car repairs etc., can also be dangerous.

 

[omega015]

Wouldn't that be the case for any advice given on this forum whatsoever? If one could be liable for injuries, wouldn't there be liability for damage to components or surrounds if someone followed some questionable/unclear advice?

But the fact posts can be edited (more importantly by moderators etc..) should mean that anyone can simply argue their post was tampered with. Or the opposite that the numpty DIYer could claim that they received bad advice and someone changed the post afterwards or removed it etc.... I would like to see if there has ever been a successful case against someone on a forum for advice given which led to some problem. Also would any disclaimer on a signature be legally binding to omit liability? Could DIYNOT be liable for allowing such advice to be given?

Maybe a sensible warning but in reality I am not convinced, I also agree that it shouldn't be just singled out to the heating controls (although there is a hell of a lot of them lately). Also this site has no way to verify posters (except for CC users) so putting a claim against some anonymous person (assuming VPN, no personal info given/identifiable etc...) would be rather difficult.

 

[bernardgreen]

In recent years a few of the ""advisors"" on a forum ceased posting after one of them was exposed as a fraud. Advice he had given on the forum had been mentioned in a court case and lawyers asked the forum owners to identify the ""advisor"". The forum admin then tightened up its vetting processes for verified advisors. They added a disclaimer that the forum owners and staff could not be held responsible for the accuracy of advice or information provided by advisors. ( not a UK forum so may not be applicable to UK court actions for damages following bad advice )

 

[motorbiking]

All of the above questions are answered in the cases I listed..

1. establishes the principles that are required for their to be a duty of care
2. that there is no need for a contractual fee paying relationship for professional advice to be treated as given with such a duty of care
3. outlines the things which would be taken in to account - e.g. a disclaimer.

A disclaimer can work, but not in the form bernardgreen chose as an example.

you can say "my suggestions are not professional advice and you should satisfy yourself and take appropriate safety measures before following it, as I cannot possibly give you proper advice from this distance, nor would I want to without being paid".

 

[Aquaheat]

In recent years a few of the ""advisors"" on a forum ceased posting after one of them was exposed as a fraud. Advice he had given on the forum had been mentioned in a court case and lawyers asked the forum owners to identify the ""advisor"". The forum admin then tightened up its vetting processes for verified advisors. They added a disclaimer that the forum owners and staff could not be held responsible for the accuracy of advice or information provided by advisors. ( not a UK forum so may not be applicable to UK court actions for damages following bad advice )

Source?

Jon

 

[bernardgreen]

Source?

I moderate on the English language section of that forum.

 

[Aquaheat]

But a source for this court case? Which forum? Roughly what dates? Where was it based?

Would be an interesting read so please post sources for this case otherwise I can only assume it is hearsay or fictitious.

Jon

 

[bernardgreen]

otherwise I can only assume it is hearsay or fictitious.

Take your pick.

It is not a public forum so notheing more to be said here.

 

[motorbiking]

But a source for this court case? Which forum? Roughly what dates? Where was it based?

Would be an interesting read so please post sources for this case otherwise I can only assume it is hearsay or fictitious.

Jon

90% of civil claims aren't public.

 

[PullerGas]

In recent years a few of the ""advisors"" on a forum ceased posting after one of them was exposed as a fraud. Advice he had given on the forum had been mentioned in a court case and lawyers asked the forum owners to identify the ""advisor"". The forum admin then tightened up its vetting processes for verified advisors. They added a disclaimer that the forum owners and staff could not be held responsible for the accuracy of advice or information provided by advisors. ( not a UK forum so may not be applicable to UK court actions for damages following bad advice )

Well, by that statement you just dumped all member here right in the sh1tter!!

'Owners & staff'!!!

 

[PullerGas]

Take your pick.

It is not a public forum so notheing more to be said here.

It's not a Public Forum??
Berny, you're, as usual digging yourself deeper in.

 

[Aquaheat]

How is this not a public forum? Or are you saying the one that was done was not a public forum?

If the latter then no charges could be brought as they would have to sign up to the terms and conditions of the site whilst providing proof of competancy to be a member as some of us do here.

Did you provide proof of competancy when signing up to here?

On a side note, if and it would be a big if, any if the decent guys on here where to be taken to court we all have professional indemnity insurance anyway!

You seem to be bothered about dodgy advice given and then produce unsubstantiated claims of a site that has been prosecuted yet you are still willing to dole out inappropriate advice!

How's that fairy liquid working out on gas leaks for you?

Jon