Bert decides to hire from a local equipment hiring business some ladders

and planks to enable him to paint the exterior of his house. When he collects the

hired goods, he is asked to sign a hiring agreement. Bert asks the employee of the

hiring firm why he has to sign an agreement, to which the employee replies "It is just

for insurance purposes." Bert signs the form. Whilst using the equipment, one of the

ladders collapses due to a badly worn rope, and Bert is seriously injured. When he

recovers and tries to sue the hiring firm, his attention is drawn to a clause on the

back of the printed hiring agreement (which he signed when he collected the goods)

in the following terms: -

"The hirer accepts no responsibility for personal injuries suffered by persons

using our equipment during the period of hire."

Bert seeks your advice as to whether he can sue the hiring firm for damages for the

personal injuries that he has suffered.

Advise Bert.