Care home liability?

RegB

Screwfix Select
Occupant of care home purchased TV.

Care home operative mounted TV on wall bracket.

TV fell off, broke.

Who buys new TV?
 
Sounds like the care home. Just to clarify: was this 'operative' the care home's handyman - paid to install the television brackets with the agreement of the home's owner(s)...or did one of the care home staff volunteer to do it as a favour for the resident?
 
A registered care home will not normally allow outsiders to do any work involving drilling into walls and it must be their employee or sub-con, so provided the bracket was suitable for the TV weight wise, responsibility should, in my opinion be down to the home. The operative should know teh wall construction and chosen suitable fixing.

We recently had to do this for my father-in-law - a family member dictated the position to the handyman and he then drillled, plugged and fitted.
 
How has it fallen off the wall. It may not have been the poor handyman’s fault. Perhaps the fastenings broke away from the tv due to a manufacturing problem.
 
Care home obviously unless you supplied bracket as suitable and the TV was too heavy for it.
Previoiusly: Occupant supplied a bracket, and their operative installed it and attached the occupant's previous TV to it. That TV ceased to work for some reason. Their operative removed the original bracket and previous TV. A smaller TV on a table to stand was used until the occupant could buy another.

Next: A new TV (this one) was then supplied by the occupant. Their operative had by then already lost the original bracket, and attached a different one to the wall that he "happened to have in store". He then attached the new TV to the replacement bracket.

The occupant's TV, and the business's bracket, installed by their operative, came off the wall and smashed on the floor. The bracket did not fail. The bracket-wall fixings failed;

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No idea. There are a few filled holes in the vicinity. It looks like a plasterboard wall on metal frame. Whatever fixings he did use is I guess up to him.
 
How it would normally work is that the care home just like a place of work, would not be insured for death/injury if they let anyone else install it that was either working for them or contracted someone with public liability insurance.

so that being said they likely installed it so would be entirely on their head to replace it.
 
Looks like a rawlplug, if that was a Grip It or butterfly type wall fixing it would have to have ripped a bigger hole, or not failed, do you blame the supplier of the inappropriate wall fixing or the doughnut that used an inappropriate wall fixing?
 
Looks like a rawlplug, if that was a Grip It or butterfly type wall fixing it would have to have ripped a bigger hole, or not failed, do you blame the supplier of the inappropriate wall fixing or the doughnut that used an inappropriate wall fixing?

Supplier is not liable for stoopid.
 
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