Club liability insurance

The club is likely to be an unincorprated association.

As such members may be liable in negligence if a party who suffers damage at a meeting organised by the club can prove that lack of care by the club caused or contributed to that damage.

I really do think you need 3rd party insurance for the events you organise. Disclaimers will not wholly protect you.A totally innocent bystander who just happened to be there might get injured.

I realise that this may be a burden but we all know that society is now extremely litigious (no doubt encouraged by solicitors).I would not risk it.

Thanks Ian

But could you clarify what you mean by 'members may be liable'? Which members? All members? The members have done nothing more than signed up to a forum as I have done here, so I can't see how they would be liable - many of them have never posted or even visited again after they signed up.

As far as disclaimers go, are there a right way to do them and a wrong way? If so, who could I approach in order to ensure the offer the best possible protection?

Thanks

Nick

Suppose say 5 members organise an event and decide on a certain type of barrier to keep spectators away from danger.

Suppose that one member is authorised to arrange this.

That member builds the barrier as arranged but in fact the barrier is completely inadequate and someone is injured.

On the assumption that the reasonable man would have realised that the barrier was inadequate and that injury to those who should have protected by the barrier was reasonably foreseeable then all 5 members will be liable.

If on the other hand the barrier would have been adequate but the person entrusted with it's erection negligently failed to ensure it was built correctly then although this one member will definitely be liable if someone is injured the other 4 may escape liability if they can show that they took all reasonable precautions in authorising their fellow member to complete the task.

I hope this makes it a little clearer.

Disclaimers have more effect if set out on notices at specific defined premises or are printed on tickets.

I think it would be difficult to exclude all liability to members of the public by disclaimers at the type of event you arrange.

Imagine a child playing in the woods who just happens to wander into the path of one your vehicles.Unless you cordoned off the whole area and controlled entry diclaimers posted at random are not going to protect you.

I still believe insurance is necessary.

Thanks again Ian and yes I agree we do need insurance. Looking into it as we speak!

Whilst I understand and agree with your example above, could you comment on the following example which is more along the lines of what we do....

So you've bought yourself a Land Rover and join our forum for advice and chat etc. You notice the club is organising a free green lane day for beginners and think it'll be a good idea to go along and actually use your new Land Rover off-road. The day comes and you arrive to be welcomed by myself and other members. We have a chat to see if you understand the basic workings of your vehicle and explain that we are basically guiding you around some byways which are hard to find unless you kno where they are (please be aware that Byways are basically unsurfaced roads. They have all the same laws etc as any other road - seatbelts must be worn, give way etc etc). We get you to sign the disclaimer. Off we go in small groups of 4 or 5 vehicles being guided around some lovely byways through the countryside. So scenarios....

1. You are following the group leader but fail to notice a low branch. It dents the side of your vehicle and breaks a rear window.

2. At the end of the byway you turn onto a normal road without looking and get hit by another car. Someone dies.

In scenario 1, this would generally be taken care of by normal car insurance. But if you were third party only for example, could we as a club be held liable in any way, even though it was your own fault?

In scenario 2, could we be held liable in any way, and if so, for what?

Many thanks again for a great site!

Nick

In both scenarios the damage has been caused essentially by the potential negligence of the individual driver - not by the negligence of the club.

I do not think the club woild be liable in either scenarios. 

I specialise in bringing claims for damages, in your scenarios i am most likely to act for your driver who hit the tree or the family of the deceased person from the road accident. I would bring a claim against the individual driver and would be most unlikely to consider a claim against the club. I have to agree with Ian, the club has no liability.

Notwithstanding the same, insurance is essential if you are organising events, if there is negligence then disclaimers offer little, or more likely no, protection.