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

Originally Posted by Homestar

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.

The Bunnings employee did fulfil his duty of care by alerting you that the load was illegal, It's not his fault you chose to ignore his warning
In this case the onus would be on you if something went pear shaped.

Originally Posted by Grumbles

How can they stop you...... They are not police nor do they have police powers. They cannot legally detain you, confiscate your car/car keys, impound your car or confiscate your newly purchased goods which are now private, legally owned goods.

I guess they don't have to open the boom gate......as you are on there property. Or would you just grumble at them and drive through the boom gate?? I assume the conversation would start as a heads up, all up to the customer what their response is.

My local steel shop won't load until you show them how you're going to secure the load.

I doubt many if any bunnings employee would be bothered actually stopping somebody from driving off. They have never questioned or asked me to change the load, but if they were to point out my load wasn't secure or illegally loaded than I would stop and consider it.

Oh, we refuse trucks departing our sites if they are overloaded or have not restrained the pallets to our minimum requirements.......and I'm guessing once it's loaded it doesn't belong to us but authorities will and do fine companies. If they do drive off than the carrier and driver are no longer allowed on site. The only tricky bit is when road trains are involved.

Originally Posted by mick88

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.

They call it chain of responsibility It is all to do with OHS you know because some idiot done it in the past so now we have to be prepared for the next idiot.
But yes im on your side why is everyone else responsibie for all the tools out there

Originally Posted by rangieman

They call it chain of responsibility It is all to do with OHS you know because some idiot done it in the past so now we have to be prepared for the next idiot.
But yes im on your side why is everyone else responsibie for all the tools out there

Because sadly not everyone is equipped nowadays with the all too rare “common sense”.

And in my work I come across far too many people who just lack the ability to self assess or risk assess.

It’s these people, lacking knowledge, that has driven legislation to ensure they are kept in check.

Unfortunately they quite often survive their acts of foolishness at the detriment of innocent bystanders.

Originally Posted by Homestar

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.

Clearly visible loads that project up to 1.2m from the back of your vehicle or trailer do not need a warning device. Any load that projects more than 1.2m from the back of your vehicle or trailer must display a warning device.

Source. Projecting loads (Department of Transport and Main Roads)

Not quite!!!

No more than 3.7m or 60% of wheelbase from the centre line of rear axle (in the case of a single).

That translates to 1.71m from the axle centreline (or about the length of the tailgate when dropped down.

Mick Marsh should be just about ready to post!

Originally Posted by donh54

Clearly visible loads that project up to 1.2m from the back of your vehicle or trailer do not need a warning device. Any load that projects more than 1.2m from the back of your vehicle or trailer must display a warning device.

Source. Projecting loads (Department of Transport and Main Roads)

Originally Posted by Tombie

Not quite!!!

No more than 3.7m or 60% of wheelbase from the centre line of rear axle (in the case of a single).

That translates to 1.71m from the axle centreline (or about the length of the tailgate when dropped down.

As Tombie said, to a max of ( in his example) 1.71 MTS. And in the case of a loaded Ute, towing a trailer does not alter the Ute maths at all.