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Legal action fear sparks action by Southampton taxi drivers
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Author:  captain cab [ Sun Sep 22, 2013 6:31 pm ]
Post subject:  Legal action fear sparks action by Southampton taxi drivers
Legal action fear sparks action by Southampton taxi drivers



THEY are potential lifesavers and a familiar sight in workplaces across the country.

But Southampton’s taxi drivers now no longer have to carry first aid kits and fire extinguishers.

They are set to ditch the equipment because they are scared of being sued – even if they just put a plaster on a passenger.

Concerned cabbies say using first aid kits to try and help injured customers could land them in court and lead to hefty payouts.

The claim they have also been advised that using fire extinguishers could invalidate insurance claims.

Today one city councillor labelled the culture of fear of legal action that taxi drivers are operating under “ridiculous”and “health and safety gone mad”.

Private hire and hackney drivers have been obliged to carry both items for decades as part of city council policy.

But at a meeting between members of the trade and council officers earlier this year, drivers brought up concerns about the policy.

With taxi drivers not obliged to undertake first aid training said they were concerned that drivers may administer treatment incorrectly and face legal action.

Some within the trade say the fear of committing crucial mistakes having assumed a duty of care to the person needing treatment and the fear of litigation puts an “extra pressure” on drivers.

They also said that insurance firms had indicated to them that they would invalidate claims if they used fire extinguishers because they have not had any training.

Now the city council’s licensing committee has removed the conditions forcing drivers to carry fire extinguishers and first aid kits.

Taxi driver and Unite union chairman Perry McMillan said: “If you apply first aid to someone incorrectly and they have an even worse injury, or if you don’t put a bandage on correctly you might be likely to be sued.

“The lack of training for taxi drivers is very important here, and I would also refer to the culture of litigation in the United States, where you can get sued for anything, which is becoming more relevant here.

“You have people putting spurious claims in against taxi drivers for various things, and we are not putting ourselves up to that? That was the question before the condition was removed.”

Ian Hall, chairman of the Southampton Hackney Association, said: “I think common sense has prevailed – it should be the driver’s decision as to whether they have a first aid kit or fire extinguisher.”

Clive Johnson, chairman of the Southampton Trade Association , said: “If we’re not allowed to do first aid [because we haven’t got training], we’re definitely not allowed to put a plaster on someone because you could be sued.

“And the fire service has always advised us to get as far away from the fire as we can and to call them.”

Licensing panel member Cllr Don Thomas, pictured below, said: “The words that spring to mind are that it’s health and safety gone mad.

“The drivers’ hands are tied and nowadays they’ve got to think twice before trying to help someone and that’s just a ridiculous situation.

“It’s not down to the drivers, it’s down to the regulations forced on them and the fear of legal action.”

Matt Howard, a spokesman for insurance firm A Plan, said: “I have never heard of the use of a fire extinguisher leading to the invalidation of insurance claims.

“Of course in the event of a fire, taxi drivers should not take any risk to life by trying to tackle a fire, but insurance companies will expect taxi drivers to take some action to attempt to lessen losses on their vehicles.

“You are only supposed to use fire extinguishers if you know how to use them, but to say they would invalidate insurance claims sounds like lunacy.”

source: http://www.dailyecho.co.uk/news/1069045 ... nguishers/
Author:  Sussex [ Sun Sep 22, 2013 7:22 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
captain cab wrote:
But Southampton’s taxi drivers now no longer have to carry first aid kits and fire extinguishers.

I wonder how many times a year those things are used?

Be surprised if it reaches double figures.
Author:  grandad [ Sun Sep 22, 2013 8:12 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
We had an incident just last Friday night where there was an RTA near one of our taxi ranks. There were several taxi drivers at the scene and I am pleased to report that all the drivers did what they could to assist with controlling the traffic and attending to the injuries sustained by one of the vehicle drivers who had a cut to his head until the emergency services arrived. In particular, it was one of my drivers who seemed to take overall control of the occupants of the vehicles. All done without any formal training or thought of getting sued. Fortunately the injuries were minor and everyone could walk away.
Author:  mancityfan [ Sun Sep 22, 2013 9:13 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
Application of the Health and Safety (First-Aid) Regulations 1981 to self-employed workers

If you are self employed you are required to ensure you have such equipment, as may be adequate and appropriate in the circumstances, to provide first aid to yourself while at work.
Author:  Sussex [ Sun Sep 22, 2013 10:24 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
I think if folks do their best endeavours then they will always be fine.

It's when folks take liberties or act the professional they come a cropper.
Author:  Nidge2 [ Mon Sep 23, 2013 7:19 am ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
Sussex wrote:
I think if folks do their best endeavours then they will always be fine.

It's when folks take liberties or act the professional they come a cropper.



Good post. I've got my basic First Aid Ticket which covers the most basic issues when it comes to First Aid. I think all Taxi Drivers should be given the basics in First Aid.
Author:  edders23 [ Mon Sep 23, 2013 12:14 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
But therein lies the problem even if basic first aid is applied if the results are inadequate someone will sue in this day and age if you carry a first aid kit you might be expected by law to have a high degree of competency similarly we have to carry fire extinguishers by law but the council has never offered basic fire safety training therefore in law the very act of carrying one implies that you are fully trained which I certainly am not
Author:  grandad [ Mon Sep 23, 2013 12:33 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
edders23 wrote:
But therein lies the problem even if basic first aid is applied if the results are inadequate someone will sue in this day and age if you carry a first aid kit you might be expected by law to have a high degree of competency similarly we have to carry fire extinguishers by law but the council has never offered basic fire safety training therefore in law the very act of carrying one implies that you are fully trained which I certainly am not

Go on then, I will bite. Which law is this then?
Author:  edders23 [ Mon Sep 23, 2013 5:38 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
I can't tell you the specifics but it has to do with a clause in the fire services act which can be used in negligence cases. It has to do with a requirement where fire extinguishers are deemed neccessary for adequate training to be provided for users of the premises or in our case vehicles
Author:  Sussex [ Mon Sep 23, 2013 6:35 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
edders23 wrote:
But therein lies the problem even if basic first aid is applied if the results are inadequate someone will sue in this day and age if you carry a first aid kit you might be expected by law to have a high degree of competency similarly we have to carry fire extinguishers by law but the council has never offered basic fire safety training therefore in law the very act of carrying one implies that you are fully trained which I certainly am not

I don't think so.

Having a first aid kit available doesn't make you liable to be sued, just liable to help if you can.

Do what you can, and don't do what your not happy with, and everything will be ticker-dee-boo.
Author:  StuartW [ Fri Feb 15, 2019 7:42 am ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
Quote:
Some within the trade say the fear of committing crucial mistakes having assumed a duty of care to the person needing treatment and the fear of litigation puts an “extra pressure” on drivers.

They also said that insurance firms had indicated to them that they would invalidate claims if they used fire extinguishers because they have not had any training.

Now the city council’s licensing committee has removed the conditions forcing drivers to carry fire extinguishers and first aid kits.


Any word of this taking the country by storm since this article was published in 2013? [-(

Quote:
Licensing panel member Cllr Don Thomas, pictured below, said: “The words that spring to mind are that it’s health and safety gone mad.


Maybe the 'health and safety gone mad' bit was requiring fire extinguishers and first aid kits in the first place :shock:


Came across this piece because today's article about the fare increases in Southampton had this photograph with a strange caption about no longer requiring first aid kits and fire extinguishers, but found this thread from 2013 on here.

Image
Image: Daily Echo
Author:  Sussex [ Fri Feb 15, 2019 6:19 pm ]
Post subject:  Re: Legal action fear sparks action by Southampton taxi driv
Quote:
Any word of this taking the country by storm since this article was published in 2013? [-(

I'm gobsmacked it was all those years ago I wrote that post.

:shock:
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