You Can’t Legislate For Negligence and Why ‘Disclaimers’ or ‘Waivers’ Are Not Really Worth The Paper That They Are Written On

You Can’t Legislate For Negligence and Why ‘Disclaimers’ or ‘Waivers’ Are Not Really Worth The Paper That They Are Written On.  Some training providers, martial arts clubs and other agencies that promote risky activities make the participants sign a ‘disclaimer’, more commonly known as a ‘waiver’. These ‘disclaimers’ are basically designed to exclude the training provider from liability by getting … Read more

Private Security Company Fined After an Employee Suffered Life-Changing Injuries Following Attack At a Young Offenders Training Facility

Private Security Company Fined After an Employee Suffered Life-Changing Injuries Following Attack At a Young Offenders Training Facility.

This is another example of someone receiving life-changing injuries because they were put in a lone working situation where there was a foreseeable risk that hadn’t been suitably controlled.

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Eric Baskind and I Discussing The Legal Implications of a Care Quality Commission Freedom of Information Response [Video]

Under The Health & Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 13:

“CQC inspectors are expected to safeguard people who use services from suffering any form of abuse or improper treatment, which includes …. unlawful restraint”.

However the CQC’s response to a freedom of information request has highlighted that CQC inspectors are very highly likely to be unqualified or competent to do so because they receive no training in that area.

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Should We Follow and Restrain Someone Who Is Threatening To Jump Off a Bridge Into Fast Moving Traffic [Video]

Now you’ve seen the videos I’ve been putting out this week on vicarious liability and I’ve now got another interesting story for you.

This is about a care home, a residential care home, it’s not a secure care home, and in this particular care home, they’ve got a service user that started to exhibit some quite extreme behaviour.

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Vicarious Liability and Illegal Advice [Video]

How liable are you if an inspectorate gives you illegal advice, which you feel pressurised to implement (due to the inspectorate possibly threatening to impose sanctions against your company) even if you know it will increase the risk to your staff and service users?

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