Must hire companies warn against cyclists?

Published: Monday, 16 February 2015

I AM going to seek legal advice on a hypothetical situation, ie that I hired a boat, and when mooring it was struck by a speeding cyclist who then made off, writes Martin Brooks.

I would like to know if I would have a case against the hire company for failing to warn or educate me about this known danger, therefore risking my health and safety. Would the hire base then have a case against Canal & River Trust for restraint of business or similar?

Health & Safety Executive

I am also going to contact the Health & Safety Executive, describe the same situation and ask that if boats are hired on a commercial basis, does the hirer have a responsibility to a: carry out a risk assessment, and b: provide such personal protection equipment and education as deemed necessary by said risk assessment.

This could well end up with hire boaters wishing to moor up by a surfaced towpath having to: post a lookout at either end of the work area, ensure working area is well lit, dress from head to toe in high vis clothing, wear a life jacket and hard hat, and God knows what else!

I do not wish to cause any harm to the hire boat industry, but the only way to get them on side is to inconvenience their activities and affect their profits, and without the business community on side the cyclists will surely prevail!