starting a club up, public liability insurance?
Submitted by keithj on Tue, 16/03/2010 - 22:28
hi im Keith
myself and a few other people are starting up a radio controlled car club, we have arranged a regular venue for this on a schools tennis courts and the club is open for anyone to join, my first question is does the club have to have a public liability cover? and if the club doesn't have a cover and someone was injured is it the whole committee that is liable or is it just the chairmen? as I have been asked to be safety officer on the committee and I want to make sure that I know where I stand before I take the role.



As the club is most probably
As the club is most probably an unincorporated association it will have no legal personality in it's own right.
Any claims can be brought against all the members.
It is vital that public liability insurance is in place before any activities are undertaken. Most major insurance companies should be able to assist you.
thank you i am being told by
thank you i am being told by the chairmen that we don't need any insurance as long as we have a disclaimers for the drivers to complete is this right?
so if someone was to actually sue the club itself does that mean every committee member is liable or is it just the chairmen? as i have been told that it will be just the chairmen that will be sued.
What happens if a member
What happens if a member loses control of a car?
It hits a child spectator on the foot. The child falls over and bangs his head on the concrete floor causing severe damage or death.
There are some limited disclaimers that can be effective under the Occupiers' Liability Act but I would not risk this.
In general terms if the activity which causes the problem is part of the normal activitity run by the club then members will be liable. I repeat that insurance is essential.
thank you this exactly what i
thank you this exactly what i needed to hear so i can now pass this onto the other members of the committee now
thanks again keith
i have spoken to the
i have spoken to the committee and have been asked to ask another question, would it be the actual driver that hit the 3rd party that is liable or the club in a hole
thanks again keith
If the third party was
If the third party was injured as a result of an activity normally carried on by the club then prima facie assuming that the injured party can prove negligence then the members will be liable.
If in my example the member who had control of the car brought along his dog who then attacked the child then the members would not be liable.
thanks ian when you say
thanks ian
when you say members is that all the members of the club or all the organisers of the event?
as i was asked to be safety officer on the committee that meant i would be in charge of making sure the cars, track, site and people were acting in a safe way so therefore i would be responsible for the safety side of things and i would be first in line if something went wrong am i right in thinking that?
You do raise a good point
You do raise a good point there because although all the members could be sued those members could sue you if you were found to be negligent in the performance of the duties which had been assigned to you.
Clearly insurance is required.
thank you ian for your advice
thank you ian for your advice it has been very valuable to my decisions
regards keith
No problem - please spread
No problem - please spread the word about this site.
i will as you have helped me
i will as you have helped me no end on this and i may have a few other issues i need advice on in the near future
thanks again