Thread: Renting a shed with tools - legal opinions wanted

Equipment hire places manage to rent out all sorts of stuff that can injure people. Some kind of insureance is likely required.
I can see the owners point not wanting to be liable if you get hurt. I guess it is up to you to find a way that keeps him in the clear. It may also cost a bit too.
Regards
John

Buy the tools from him then its your problem

Regards

Peter

This whole issue can be a potential legal minefield. If the tools remain, whether you are allowed to use them or not, the owner will be liable, either in part or whole, if an accident involving them happens.

The landlord would need to take out the correct insurances to cover his potential liabilities or you buy the tools from him.

Peter.

simplest would be for you to buy the tools from their current owner.

If the owner wants to keep the tools but is happy for you to use the shed, then you will need some formal documentation, such as

a formal lease agreement for the space covering who is responsible for insurance (of stuff in the shed) and damage activities within the shed might cause to others (3rd party property and public liability insurance). As an examples:
• you're using the table saw, kick-back results in a piece of timber exiting the shed and injuring a person passing by. I can't recall what the provisions are called but public liability insurance taken out by you which covers you and the person who owns the shed is a fairly common commercial product.
• you're careless with an oil soaked rag which causes a fire damaging the shed -- again insurance for this using eventuality is a common commercial product.

In the first instance, I suggest that you talk to an insurance broker about options.

Remember the days when an agreement and a hand shake were enough? Sad, but I wouldn't even consider renting a place with tools in it. The liabilities could be enormous. Even with a formal agreement a person still could be taken to court and at the very least end up paying some very expensive legal fees. Sad, sad. I get nervous just having anyone come into my shop in my house. They don't do it without me there.

This is just my opinion, not a legal one.

Thanks Guys,

I think you hit the nail there Orraloon,
there is such a thing as an 'equiptment rental agreement' where i assume liability
Don't know if the tools are up to 'renting out condition' though........

I will see if i can nail it down

There is a place in Williamstown Vic called Get Woodworking and you used to be able to go there and use the place and all the tools for an hourly fee. A few years ago when the insurance industry went crazy he was had to stop letting people use his place. It was a shame because he was nice bloke with a good shop.

Originally Posted by Arch Stanton

There is a place in Williamstown Vic called Get Woodworking and you used to be able to go there and use the place and all the tools for an hourly fee. A few years ago when the insurance industry went crazy he was had to stop letting people use his place. It was a shame because he was nice bloke with a good shop.

There were also a lot of "mechanics" type sheds available for hourly/daily rental in the 1980's but they also have gone the way of the dodo, probably because of the repairs to damaged equipment & the huge liability issues now from "injured" parties & "no win no fee" litigation.

Probably more to do with "duty of care" - if you suspect a guys not competent to use the gear, is simply an idiot, or may take short cuts (for what ever reason) then you may not have exercised that duty according to the plaintiffs litigation team.

Very hard to reach an amicable gentlemans agreement to rent a shed + tools that protects both parties & would keep your lawyer & insurer happy. Insurers want your money but not an "unusual" risk.

Crikey even mates are getting to the stage of not permitting others to use machinery in their shed for fear of litigation should an injury occur. Whats the world comming too.

I wouldn't rent a shed with tools in it, u never know who has done what to the machine, I wouldn't let others rent my tools as well, some people just abuse the tools.

Originally Posted by hugh reid2

Not sure if this is the right spot, move me if it isn't

I have the opertunity to rent a large shed within walking distance of home.
It may come with a couple of grand old tools if i can convince the owner to leave them in.

The shed had a huge bandsaw and a 14" sliding table saw in it but the owner needs convincing that he won't be responsible if i should happen to take off an arm or a leg.

There must be a precedent for this, Anybody know where i should ask?
These tools would save me a fortune on my setup costs

Any well thought out advice, or, even better, legal precedents would be appreciated

It would be perfectly feasible to draft a simple agreement that states that you indemnify him against any claim for injury or damage.

I am Barrister and would be happy to draw up a simple document if you want to send me the details by private post or email to [email protected]. To avoid confusion I would be happy to do this for you as a fellow forum member and would not want paying for it.

Do not let the media hype fool you into the modern doomwatch fantasy of everyone suing everyone. The comment about public liability and fire and theft insurance is very valid.

Good luck

Originally Posted by shedman

It would be perfectly feasible to draft a simple agreement that states that you indemnify him against any claim for injury or damage.

I am Barrister and would be happy to draw up a simple document if you want to send me the details by private post or email to [email protected]. To avoid confusion I would be happy to do this for you as a fellow forum member and would not want paying for it.

Do not let the media hype fool you into the modern doomwatch fantasy of everyone suing everyone. The comment about public liability and fire and theft insurance is very valid.

Good luck

Shedman,

I am president of a small woodturning club whose facilities are somewhat poor. I have considered opening up my workshop for club meetings.

Are you able to let me know of the feasibility of that as far as covering myself etc. Would a document cover me that would release me from liability. I was sort of thinking that it be up to the club to inspect equipment and decide what they deem safe to use and a safe manner in which to use it. That is of course if the club wanted to use my facilities.

Thanks


Dave the turning cowboy

turning wood into art

Reading this i'm left wondering how mens sheds allow for this.

Do they insure for every possible scenario.

Originally Posted by fenderbelly

Reading this i'm left wondering how mens sheds allow for this.

Do they insure for every possible scenario.

A wood club I belong to lends tools to members and has an insurance policy that covers this but it does not cover non-members.
The onus is on the member borrowing the tool to deem themselves informed and competent to use it.

As far as I know mens shed insurance covers members doing any kind of work in the shed.
I'm not sure what the training requirements are.

Originally Posted by shedman

It would be perfectly feasible to draft a simple agreement that states that you indemnify him against any claim for injury or damage.

I am Barrister and would be happy to draw up a simple document if you want to send me the details by private post or email to [email protected]. To avoid confusion I would be happy to do this for you as a fellow forum member and would not want paying for it.

Do not let the media hype fool you into the modern doomwatch fantasy of everyone suing everyone. The comment about public liability and fire and theft insurance is very valid.

Good luck

That's generous of you Shedman to help out a fellow woody in this mannerI applaud very good nature.

I reckon the worlds gone nuts with this claim on other folks responsibility ...it's about time folk took responsibility for their own actions.

It has been mentioned that in day's of yore this was not so much an issue,unfortunately it's a dreaded sign of the times!

Cheers