Mowers on Allotments

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Tony F

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Mowers on Allotments
« on: May 19, 2021, 10:11 »
Hi,
We have an allotment and a a communal Petrol Mower and most plot holders use the mower to maintain the communal pathways around their plots. Risk assessment and PPE are all on display and available. Are they covered under the typical Allotment Association Insurance we have, if they were to injure themselves?  Can any one advise please.
Cheers Tony F

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Yorkie

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Re: Mowers on Allotments
« Reply #1 on: May 19, 2021, 21:43 »
Welcome to the forum  :)

It's impossible for us to answer your question, I'm afraid.  Each insurance policy will have its own terms and conditions, so you'll need to see exactly what yours says.

Many legal cases are fact-specific too, so even if there was a relevant clause in your policy, it would depend on the precise facts of the incident.

We used to hire out mowers until the pandemic, but are now considering whether to reinstate them or not.  We are not experts in servicing or maintaining the mowers, and tenants would pass them around, so we couldn't be 100% sure of safety.  Despite providing guidance sheets in their safe use, and making people sign  them when they first took a mower out in the year, again people are likely not to follow it.

We do not have typical allotment association insurance, and are not confident that we would be covered.  These are leading us to probably withdraw their use.
I try to take one day at a time, but sometimes several days all attack me at once...

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jezza

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Re: Mowers on Allotments
« Reply #2 on: May 21, 2021, 16:48 »
Hello have a word with your l8cal N,F,U representative for advise, some insurance companies insist that mowers are occasional use only ,I've had problems with a couple of them insisting i can only use 18 inch mowers for my buisness i cant have petrol in them,check your insurance for storing petro,l also check that any machinery are is insured , if your allotment association has a y money send a couple of trust worthy people on a machinery maintenance/ usage course,make them the designated named operators for mowers strimmers  on an insurance policy,   jezza

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Welsh Merf

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Re: Mowers on Allotments
« Reply #3 on: June 05, 2021, 08:45 »
Just a thought, but do you have RAMS (risk assessments and method statements) and insurance to mow your lawns at home? Probably not. You pay rent for your plot at the allotments, therefore it is yours all the time you keep up your payments, a bit like paying rent on a house I guess.

As far as looking after communal areas goes, shouldn't the landowner/association/local council be doing this?

It is one of the many reasons I took the decision to retire from work last week. I totally agree that people need to be kept safe and healthy, but it's gone too far now. We are taking away people's ability to use and nurture their common sense, and to take responsibility for their own actions or omissions.

 . . . . . . . . . . . . and breathe.  :D
I may be Welsh, but I love ewe anyway!

See my diary pages here

and add a comment here

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Yorkie

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Re: Mowers on Allotments
« Reply #4 on: June 06, 2021, 20:27 »
Merf, you misunderstand.  The discussion is not about the maintenance of communal areas on a site, but the use of borrowed or hired mowers / strimmers etc. on a plot. 

The use of one's personal mower at home on one's personal lawn is not at all comparable to the situation where an entity owns mowers and lets people borrow or hire them for use on an allotment.  At home, you know who has used the equipment, know how it has been maintained, take everything at your own risk, and nobody else is involved. 

Where you borrow or hire a piece of equipment, you are legally entitled (and have been so entitled for decades) to assume that it is maintained / serviced properly, and safe at the point of use, for starters.  If you are injured using it then you can sue the entity for damages.  Think of McDonalds being sued by someone who got burnt by a cup of hot tea.  Insurance is a must - as a general rule, most allotment associations are unincorporated associations and therefore all the  members are potentially liable for the damages if not insured.
« Last Edit: June 06, 2021, 20:28 by Yorkie »

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Welsh Merf

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Re: Mowers on Allotments
« Reply #5 on: June 07, 2021, 12:16 »
Merf, you misunderstand.  The discussion is not about the maintenance of communal areas on a site, but the use of borrowed or hired mowers / strimmers etc. on a plot. 

The use of one's personal mower at home on one's personal lawn is not at all comparable to the situation where an entity owns mowers and lets people borrow or hire them for use on an allotment.  At home, you know who has used the equipment, know how it has been maintained, take everything at your own risk, and nobody else is involved. 

Where you borrow or hire a piece of equipment, you are legally entitled (and have been so entitled for decades) to assume that it is maintained / serviced properly, and safe at the point of use, for starters.  If you are injured using it then you can sue the entity for damages.  Think of McDonalds being sued by someone who got burnt by a cup of hot tea.  Insurance is a must - as a general rule, most allotment associations are unincorporated associations and therefore all the  members are potentially liable for the damages if not insured.
Ooops! Apologies for that - wrong end of the stick from this end, and went off on a little rant. Interesting point though, when you go and buy a normal chainsaw with the trigger handle at the back, you can can just go into a shop and buy one. However, if you want to buy one with the trigger handle at the top (arborist chainsaw) you must show proof of training. Both machines can create just as much damage and injury if not used properly.



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