Liability for mobile scaffolding: protect your business!

Questioner

I am a self-employed carpenter and install a lot of glass and windows at height. I am regularly asked by customers whether my rolling scaffolding can remain in place (free of charge) for a while while the painting work is being carried out, either by the customer himself or by third parties. This is usually not a problem but I do worry about liability in the event of an accident with the scaffolding. Am I liable if someone falls off my scaffolding? And if so, could this be covered in some way so that I can continue to make my scaffolding available? Thank you in advance

Lawyer

If it has been established that your scaffolding is defective and damage occurs as a result, you can in principle be held liable even if you have made it available free of charge. It depends on what has been agreed. It is advisable to record this in writing and to exclude liability as much as possible by, for example, checking the scaffolding for defects in advance. If you are nevertheless held liable, please contact me immediately for further assistance.