Can I Be Held In Any Way Responsible For My Big Balls?

[RATTER15]

As some of you may know I make Atlas Stones, these are the big concrete balls used for worlds strongest man etc.

These Atlas Stone range in weight and size from 15 Kgs up to 210 Kgs. I often have people arrive to collect these stones on the back seat of their car or in the boot totally unrestrained. I explain to customers that if they were to have an accident or even brake hard, these stones would come through the cockpit of the car and most likely kill all they collide with but they seem fine to put these stones on the back seat behind their own or their wives seat. Should there be an accident, could I be held responsible for injury caused by these stone. I do often give people a tyre to sit the stone in, it help to stop the stone from rolling, but in an accident it would do nothing to help.

[bednobs]

i cant see how you would. Perhaps you could put a disclaimer on your ad? How do they get them in their cars?

[RATTER15]

bednobs "How do they get them in their cars?" I usually assist with a hoist or lift them in manually between us with a special sling Carakeel made for lifting them.

[RATTER15]

I have no idea how they get them out though!! its a question I never ask!!

[Buenchico]

You might be in the clear as far as civil law is concerned but it's possible that criminal law might come into play here:
"A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when . . .
the weight, position or distribution of its load, or the manner in which it is secured, is such that the use of the motor vehicle or trailer involves a danger of injury to any person"
[Section 40A, Road Traffic Act 1988, as amended by the Road Traffic Act 1991]

[anneasquith]

No harm in asking them to sign a release paper re transportation .

[AuntPollyGrey]

Only my opinion but....if you are helping them load the car then in an accident situation could you be 'aiding and abetting' overloading a car? If you are just selling the product and they are taking it from your premises without your help or advice then I can't see how you could be culpable. In my experience release forms are not a legal contract.

[RATTER15]

I think I may be wise to get people to sign a disclaimer before the stones are loaded. I imagine that ultimately the driver is responsible for securing his own load/cargo.

[RATTER15]

AuntPollyGrey, I doubt the vehicle would be overloaded, its more about the shape the weight condensed into a small area and the load being secured.

[AuntPollyGrey]

You are correct, the driver is responsible for what he carries in his vehicle. What the disclaimer would say though is debatable. Best just give a leaflet with 'advice' on loading and unloading the product.

[AuntPollyGrey]

I don't think there are any Laws re securing loads in a non commercial vehicle.

[Maydup]

I think you might be at risk of causing a danger if you help load the balls into a regular car. Would they still sell if you added on the cost of delivery? If a customer insisted on collecting then they would have to load and unload and you'd have to explain that you are unable to lift the balls yourself.

[RATTER15]

Maydup Delivery of Atlas Stones is very expensive!! a courier will not collect anything over 25kg unless it is on a pallet, securing round balls on a pallet is a nightmare in itself, I also have no way of moving palatalised goods. So collection only

[RATTER15]

Maydup "If a customer insisted on collecting then they would have to load and unload and you'd have to explain that you are unable to lift the balls yourself." The only way to load the larger stones is with a hoist, I would not permit anybody else to use my equipment.

[RATTER15]

As long as im not held responsible, its up to them to drive carefully and take responsibility for their own actions.

[237SJ]

Once your balls (excuse the pun) have been dispatched, you have no duty of care to the recipients.

[vulcan42]

I used to work for a commercial vehicle company who sold parts for Lorries. A number of years ago two road wheels, minus the tyres, were loaded into a van. On the return journey the van had to brake suddenly, inertia sent the two wheels forward and killed both men. At an inquest it was stated that even though we supplied and loaded the wheels, the onus of safety lay with the driver and his passenger.

[New Judge]

//I don't think there are any Laws re securing loads in a non commercial vehicle.//

Oh yes there is, Aunt Polly. Buenchico has pointed it out above (Namely S40a of the Road Traffic Act 1988, which applies to all vehicles).

I'm not at all convinced that a court would convict Ratter of "causing or permitting" such a transgression. He sold some goods. Even if he helped load them into the vehicle he is hardly "causing" the goods to be transported in an unsafe manner. He's certainly not permitting it; it is not for him to permit or prevent the vehicle being driven away. If it was an employee being asked to drive a vehicle in an unsafe manner it would be a different thing entirely. The employer is responsible for his employees safe conduct. A vendor has no such responsibility for a customer taking goods away.

[RATTER15]

Thanks New Judge, just the info I was hoping for.

[10ClarionSt]

Having worked in haulage for a long time, (although these are not HGV's apparently), the safety of the load is the responsibility of the driver. If the driver has any doubts, then the load should not be transported until the driver is satisfied as to its' safety.

[Mozz71]

I'm just relieved that the question didn't go the way the title was hinting at!