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 Screwfix Select

    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 Screwfix Select

    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 Screwfix Select

    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 ;)
     
  6. mikes65

    mikes65 New Member

    How do you affix board over artex ceiling without screwing etc and disturbing artex?
     
  7. unphased

    unphased Screwfix Select

    Artex typically only contained a very small amount of asbestos, around 3 to 5%.
     
  8. rogerk101

    rogerk101 Screwfix Select

    Leave it up to the BBC, and they'll inform you that that's enough asbestos to kill the population of Manchester!
     
  9. quasar9

    quasar9 Screwfix Select

    OP is obviously a statistician, and indeed all forms of asbestos are dangerous some more than others. Having said that almost the entire population of the world has been exposed to small quantities of asbestos over their lives. Until about 2k, most brake pads and clutches had asbestos which released the fibres into the air unlike Artex where it’s bound up in plaster. Similarly, many solvents now considered carcinogenic were in common use till around 1990’s. Many once in general use have simply been reclassified as professional use only. Methylene chloride, as an example, is still used by the trade, many not taking any precaution as advised on the tin One can conclude that not every exposure will lead automatically to illness although every attempt should be made to minimise risk
     

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