Plasterer scraped artex ceiling AFTER being told it had asbestos

Discussion in 'Other Trades Talk' started by JaneDonut, Jan 6, 2020.

  1. JaneDonut

    JaneDonut New Member

    We paid extra to have 2 rooms boarded rather than skimmed because of the asbestos. We would have done the same with the ceiling but the plasterer himself said it wasn't necessary. It was us who wanted to do the right thing and seems the plasterer who wanted an easier job
     
  2. jonathanc

    jonathanc Active Member

    Sorry the law does not determine who is culpable. The law sets out what is legal and what is not, the courts issue judgements of law depending on the facts of the case presented to them.
     
  3. JaneDonut

    JaneDonut New Member

    "In owner-occupied domestic properties, the owners are not legally responsible for risks to contractors from asbestos, as the owners themselves are not engaged in any work activity."
    https://www.hse.gov.uk/asbestos/faq.htm#domestic-properties
     
  4. furious_customer

    furious_customer Active Member

    If I was the OP I would be contacting my home insurance - they will most likely deem the property to be uninhabitable, instruct a contractor to perform a clean-up and re-home you until they deem it to be safe again. They will treate it as an accident in the first instance and appoint a solicitor to determine liability.

    But as others have indicated on here the legal case is complex, subjective and may or may not find against the contractor - but if all done through your insurance then you shouldn't be out of pocket.
    (I can tell you for certain that regardless of the relationship, as soon as you instruct someone to do something in your property "plaster that ceiling, fix that sink etc." then the employer-employee relationship is established at that point and you assume certain liabilities as an employer).

    So rather then dwelling on the finer points of law at this stage, I would be focussing on the clean-up effort right now.
     
  5. The Teach

    The Teach Well-Known Member

    Plenty of lawyers specialising in asbestos related incidents,dont forget there are procedures to follow to substantiate any claim Oh and there time limits.

    Things considered good practice for a responsible person when household exposure to asbestos is suspected.
    1,get immediate medical assistance (not online).
    2, vacate the property.
    3,inform your neighbours & any person/company who could have experienced acm exposure.
    4,get a licensed asbestos removal company to carry out air monitoring and issue a safe date to move back..
    5,go legal to recover your losses.

    Plus loads more considerations for a successful claim :p been there !
    that doesn't apply,your the responsible person by the way.

    if there is a fishy smell,then its fishy ;)
     

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