Thread: Can the seller be also liable - Duty of Care?

Yes. The company is also liable..

That sort of thing is WAY beyond Stupid

Find it hard to believe they (the hardware store) would let that out the door.

Originally Posted by pop058

Find it hard to believe they (the hardware store) would let that out the door.

I would be surprised if they got out the door without bowling someone or something over

Back on Mothers Day, I saw a car leave Bunnings with three blokes, arms out the windows, holding onto what looked like an 8x4 sheet of Masonite on the roof. I wondered how far they got before it was ripped out of their hands onto the car behind.

Originally Posted by p38arover

Back on Mothers Day, I saw a car leave Bunnings with three blokes, arms out the windows, holding onto what looked like an 8x4 sheet of Masonite on the roof. I wondered how far they got before it was ripped out of their hands onto the car behind.

Even worse if a motorcyclist was following at the time

As mentioned, yes they would be liable.

I picked up some 2.4 meter sleepers in the Hilux the other week - they stuck out the back about 2' - the guy at Bunnings just said 'That's technically illegal as nothing is supposed to hang out beyond the lowered tailgate'. I thanked him for the heads up and drove off.

I think that's all they do, but some day, someone will have a serious accident and they will be I a world of poo - and will then start making sure all loads are legal.

One of the problems is that you drive in, load up, pay at the desk and then the first time someone sees how you've loaded is when it's all paid for, tied down and you're heading out the door.

Also, they won't want to be seen as the bad guys as that may effect revenue.

It's not just about duty of care, there is the dollar factor in there too!
The "chain of responsibility" is all about finding the link with the most bucks.
Trailers with insecure loads.
The one that gripes me, trailer safety chains dangling in the breeze, or attached with a $2 dog-clip.
Where does it stop, there are a lot of "nuffies" out there.
Why should it be someone else's fault because some dill takes risks?


Cheers, Mick.