UKC

Home walls and tenants

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 James Malloch 09 Mar 2022

We have a climber moving into a spare room for a while whilst we’re away and he’ll likely be using the board we have.

Would it be wise to have any kind of disclaimer? If so, can anyone recommend anything we could use?

 ianstevens 09 Mar 2022
In reply to James Malloch:

Do you have one for using the oven too? Seems completely unnecessary to me. IANAL of course.

 JoshOvki 09 Mar 2022
In reply to James Malloch:

Only if it is a woodie and there is an eviction clause for using feet on hand holds

OP James Malloch 09 Mar 2022
In reply to ianstevens:

> Do you have one for using the oven too? Seems completely unnecessary to me. IANAL of course.

Hopefully unnecessary, but I don’t know anything about what could happen if a hold came off and caused injury, or they missed the matting and broke an ankle, hit their head etc.

Basically are there situations where we could be liable? I never would have worried about anything if it weren’t for the story of someone having life-changing injuries through a belaying accident and then successfully suing their climbing partner. 

Probably overthinking things, but I’d rather check things first. 

> Only if it is a woodie and there is an eviction clause for using feet on hand holds. 

The spare-room contract didn’t have that in unfortunately…

Andy Gamisou 09 Mar 2022
In reply to JoshOvki:

> Only if it is a woodie and there is an eviction clause for using feet on hand holds

How else do you practice your bat hangs?

 Ceiriog Chris 09 Mar 2022
In reply to James Malloch:

Can you not just put something along the lines of recreational facilities used at your own risk in the agreement, seen something similar for a table tennis table ! 

 james wardle 09 Mar 2022
In reply to James Malloch:

We have this in our tenancy agreement where we have a sunken trampoline in the garden. you could add the same custom clause.  Overkill perhaps until someone cracks their skull and goes all where there is blame there's a claim.

Custom Clause 1. The Tenants agree that Trampolining is a dangerous activity that can cause death or serious injury. The Landlord does not warranty the trampoline is safe for use and accepts no responsibility for any death or injury howsoever caused.

 Darkinbad 09 Mar 2022
In reply to James Malloch:

A disclaimer as suggested would be sensible. But you still have a reasonable duty of care to ensure the structure is safe to use. If they pop a tendon or slip and land badly then it is on them. But if it collapses with them underneath, it is on you. Just like burning a hand taking something out of the oven would be on them, but getting electrocuted due to dodgy wiring would be on you.


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