Who is liable?

[Bob lincs]

We have sold our straw to a local contractor who has baled and stacked it on our land , we won’t be paid for it until it’s moved off farm around Christmas so it technically it’s still our straw . Question is if someone got injured either by falling off the stack or having a bale land on them who is liable me or the contractor?.

 

[Castle Farm]

Your liable.

 

[M-J-G]

Do you still gat paid if someone burns it?

 

[Bob lincs]

Do you still gat paid if someone burns it?

Yes we get paid for every bale even if it breaks on the field and gets burnt.

 

[betweenthelines]

You are legally responsible for all H&S on the land you occupy.

If a builder falls off your barn roof or a trespasser gets attacked by a bull, in the eyes of the law it's your fault.

 

[Bald Rick]

Stuck this in to Agricultural Matters @Bob lincs as probably more pertinent here than Off Topic … where the replies may be more colourful

 

[bobk]

We have sold our straw to a local contractor who has baled and stacked it on our land , we won’t be paid for it until it’s moved off farm around Christmas so it technically it’s still our straw . Question is if someone got injured either by falling off the stack or having a bale land on them who is liable me or the contractor?.

Sounds a pretty shite deal bob , stick it in the shed

 

[Bob lincs]

Sounds a pretty shite deal bob , stick it in the shed

We have sheds for grain not straw .

 

[Chae1]

Up to you. But no chance I'd store it till Christmas waiting for payment. I'd be wanting payment now. If straw prices drop you'll be left with a pile of rotting straw and strings to get rid of.

 

[bobk]

We have sheds for grain not straw .

And your buyer knows it

 

[Dry Rot]

Presumably the seller could insert a clause in the contract stipulating that the buyer "renders the seller harmless"? (Is that the wording I am looking for? In other words, sticks the purchaser with the responsibility if anything goes wrong?).

 

[Bob lincs]

Up to you. But no chance I'd store it till Christmas waiting for payment. I'd be wanting payment now. If straw prices drop you'll be left with a pile of rotting straw and strings to get rid of.

No we get paid an agreed price per bale + a storage price . When the the stack is cleared the stack site is also cleared . When the straw is moved we get paid . We have at least 6 bale contractors in this anrea and everyone operates on the same basis .

 

[Yale]

Heras panels around the stack.

 

[Clive]

We have sold our straw to a local contractor who has baled and stacked it on our land , we won’t be paid for it until it’s moved off farm around Christmas so it technically it’s still our straw . Question is if someone got injured either by falling off the stack or having a bale land on them who is liable me or the contractor?.

you have sold it so it’s no longer yours ( you have a verbal or written contract). it’s new owner is liable

you have simple extended thrm
payment credit

 

[box]

I've left my lawyer hat at the cowshed, so I'll answer wearing my farmer hat.

It's a sad state of affairs when this even has to be asked, where someone being injured either by their own actions or the actions of an inanimate object has to be someone elses fault.

My answer is that the dumbass that got injured is liable. Especially if they weren't meant to be there in the first place.

On another note, storing someone elses bales until Christmas before they pay you for them? Fuuuuuuuuck that. Should be paid on the 20th of the month following baling, the rest is their problem.

 

[Hfd Cattle]

Not sure why folks are questioning @Bob lincs agreement . It obviously works for him, and others by the sound of it, and that's all that matters . As to the stack in question , I would have thought it was the purchasers liability but possibly would need to raise a bill for it to prove ownership of it .

 

[Hfd Cattle]

On the flip side .......
If I bought a peice of machinery in a dealers yard and between me buying it and them delivering an accident occurred involving it ......ie. someone climbed on it ( a child or whatever and felll off or perhaps tripped on the pto shaft ) does that make me liable as I technically own the machine .

.....just pondering around it !

 

[Bob lincs]

I've left my lawyer hat at the cowshed, so I'll answer wearing my farmer hat.

It's a sad state of affairs when this even has to be asked, where someone being injured either by their own actions or the actions of an inanimate object has to be someone elses fault.

My answer is that the dumbass that got injured is liable. Especially if they weren't meant to be there in the first place.

On another note, storing someone elses bales until Christmas before they pay you for them? Fuuuuuuuuck that. Should be paid on the 20th of the month following baling, the rest is their problem.

As far as payment is concerned Why is it any different to selling grain forward and it staying in store until the agreed movement date .

 

[David.]

As long as you carry public liability insurance, and have taken sensible precautions to mitigate any danger to the public, I'd sleep fine.
If you need to move a dozen bales to improve the apparent safety of the stack, or get a pair of signs to the effect of keep off bales, I'd do so, and not overly worry.
We had something similarly unsettling a couple of yrs ago, when kids lit a fire in a grass margin, next to a tinder dry crop, adjacent to a housing estate.
Would we have been liable if the lot had gone up?
This is what you pay insurance for.

 

[Still Farming]

hope not stacked on fields too?