Rank: New forum user
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Hi All,
Just thought i'd give a recent scenario which happened and was interrested on what your thoughts are.
A hotel was holding venue to a private birthday party, this is a common occurance, however the gentlemen who arranged the party with the hotel, took it upon himself to hire catering in, (with the hotels knowledge) this involved the caterers erecting a canopy which unfortunately collapsed and struck a guest resulting in a head injury, a claim has now been made by the injured party.
Just wondered what your thoughts were on where the hotel stand in relation to the claim, I believe the claim involves occupiers liability and neglegence.
Forgive me for not knowing the full details.
Craig
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Rank: Super forum user
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Its one of those instances where the caterer and the hotel would both notify their respective insurers and let them decide. In this instance, I would expect to see the caterers insurers pick up the claim in its entirity or certainly the lions share of it.
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Rank: Forum user
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My wife runs sports events for kids and I (of course!) get put in charge of Elvin Safety.
I always want to see the caterers (or other vendors) insurance, safety policy (or statement of intent) and RA for the event. Giving specific regard to any structures they might want to use, electrical equipment, generators etc etc.
I would have expected the hotel to do the same, but if they didn't ..... then in my opinion both are liable.
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Rank: Super forum user
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If we are talking OLA then I would think that the Hotel is liable as they would be deemed the occupier and duty holder. There may be a case against the caterers if they were deemed to be negligent. I suspect the best the Hotel could hope for is partial liability as both they and the caterers could be deemed to be negligent. As always the Devil is in the detail.
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