DIY-ers who hire equipment should be aware of product liability law

Hiring tools and equipment for DIY or other tasks should be a simple way to use costly items or ones which you would only use rarely, however, to avoid the possibility of a product liability or personal injury claim as a result of an accident, the hirer should carefully check the apparatus before using.

Modern power tools are a boon to anyone wanting or needing to do a job around the home. They can help to achieve a professional result quickly and easily without the cost of employing a tradesman, and most can be used without special training or techniques.

For example, a steam wallpaper stripper is a far quicker way to remove unwanted decorations than the old-fashioned stripping knife. Both have their dangers: a sharp blade or a bath of water heated by electricity.

Even competent DIY-ers can hurt themselves or others if their tools are defective but, if they are familiar with their own equipment and there is an accident, it is most likely just to be the user's own fault as a result of being careless or unfortunate.

So, cutting your hand with a wallpaper knife while getting over-enthusiastic is one thing, but suffering burns or even an electrical accident when using a hired wallpaper stripper is quite another matter.

The suppliers of hired equipment cannot be held responsible for customers being stupid or negligent when using industrial-type equipment which might be beyond their abilities to handle safely but they can be liable if there is an accident and a personal injury results from the tools being supplied in a dangerous or risky condition.

Reputable hire companies will check equipment both when it comes back from hirers and when it goes out again to ensure it is quite safe, especially for use by non-professional workers.

However, a secret survey in March 2010 by the consumer group Which? revealed that half of the hire tools it tested had faults which could have compromised the safety of a user.

Among the failures it found were unearthed plugs, worn and broken blades, kitchen foil used as a fuse and damaged wires.

As with hiring a vehicle or any other item, hirers should always check the condition before using rented equipment, preferably at the hire firm's premises so that any faults or missing parts can be rectified before you leave the building and/or a replacement offered. If this isn't possible, do make sure you return it with your complaint as soon as possible.

Trading standards officers at your local authority should be able to help if you wish to take the matter further or, if you have been unlucky enough not to have discovered the fault with the tool until someone has been hurt, you could consult a personal injury solicitor to see if you have suitable grounds for making a product liability claim against the hire company.

Can I claim?