I’m just after clarification on a matter. I have a few friends in the post who are delivery staff.
One or two have taken to crossing my drive and stepping over the wall to my neighbours property in order to save time going around and opening the gate. While I’m not really bothered as there are no plants or grass to damage, my query is what would happen if the delivery man/woman was to slip and injure themselves crossing the wall?
I have asked for them to stop just in case and while most have, there are still one or two who can’t bothered to go around. I don’t want to have to report anyone, but my concern is that I could be sued should an injury occur which is no fault of mine. I’m hoping those of you who would know , might be able to offer advice on the matter.
Thanks for your time.
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Legal query
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TrueBlueTerrier
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Legal query
This shouldn't be looked at as legal advice for that you would need a lawyer who has a better and fuller understanding of the law than I do.
However, in my opinion, it would be highly unlikely that having asked posties not to step across your wall, they then injure themselves doing exactly that, that they would be able to successfully sue you.
I say this because we are actually instructed not to step over or climb over walls for H&S Safety reasons, Royal Mail is unlikely to sue you if the postie disobeyed their direct instructions, in fact, it's more likely they will get the blame and have to suffer the consequences.
The CWU may offer the postie advice but they would also be unlikely to offer any support for a case against you once they were advised the postie disobeyed H&S instructions.
Perhaps a sign asking people not to step over the wall would help remind them that it is their responsibility to follow H&S regulations, and also perhaps remind them that it is impolite not to follow a reasonable request. Although this is something you shouldn't have to do it would reinforce your request.
However, in my opinion, it would be highly unlikely that having asked posties not to step across your wall, they then injure themselves doing exactly that, that they would be able to successfully sue you.
I say this because we are actually instructed not to step over or climb over walls for H&S Safety reasons, Royal Mail is unlikely to sue you if the postie disobeyed their direct instructions, in fact, it's more likely they will get the blame and have to suffer the consequences.
The CWU may offer the postie advice but they would also be unlikely to offer any support for a case against you once they were advised the postie disobeyed H&S instructions.
Perhaps a sign asking people not to step over the wall would help remind them that it is their responsibility to follow H&S regulations, and also perhaps remind them that it is impolite not to follow a reasonable request. Although this is something you shouldn't have to do it would reinforce your request.
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Snaggletooth
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Legal query
I suggest that you look at you home insurance policy. Two reasons:
Many policies include a legal helpline that can answer basic legal questions. We can’t give you legal advice but they might be able to.
Many policies include some liability cover for people who are working on your property. This might cover posties.
Neither of the above is a given, there is huge variation between policies, but it is worth a look.
Many policies include a legal helpline that can answer basic legal questions. We can’t give you legal advice but they might be able to.
Many policies include some liability cover for people who are working on your property. This might cover posties.
Neither of the above is a given, there is huge variation between policies, but it is worth a look.