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Can they claim?
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ORRIE  
#1 Posted : 12 June 2012 14:51:39(UTC)
Rank: New forum user
ORRIE
Hello. I have a friend that tripped and fell on a wet floor of a local members club (not a pub) sustaining injury to arm and leg. After submitting a claim against the local club they were told that as they were a member of the club then effectively they could not claim against themselves. This person pays a weekly £1 subscription to be a member and that is their only association. Surely this is bad advice from the solicitor. Your views please.
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jay  
#2 Posted : 12 June 2012 15:11:48(UTC)
Rank: Super forum user
jay
Refer to the elonk below for liabilities of an unincorporated club:- http://www.rya.org.uk/in...s/accidentspremises.aspx http://www.rya.org.uk/in...ages/legalliability.aspx
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mylesfrancis  
#3 Posted : 12 June 2012 15:19:27(UTC)
Rank: Forum user
mylesfrancis
Without knowing the full details, it's hard to comment with any certainty. However, assuming that it is an unincorporated association, then the solicitor is right. The legal entity of the club is the members, jointly and severely liable, so an individual would indeed be making a claim against themselves.
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Canopener  
#4 Posted : 12 June 2012 17:56:10(UTC)
Rank: Super forum user
Canopener
Interesting; you learn something everyday. Suggest to your mate that he doesn't start spending his compo before he gets it!! Severally liable perhaps?
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bob youel  
#5 Posted : 13 June 2012 07:39:09(UTC)
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bob youel
some really good replys here
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ORRIE  
#6 Posted : 13 June 2012 08:25:12(UTC)
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ORRIE
Thanks to everyone for their help. Really interesting to learn this.
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ahoskins  
#7 Posted : 13 June 2012 09:02:41(UTC)
Rank: Super forum user
ahoskins
Whilst all the above might apply, surely the club would have to hold Public Liability insurance? Any claim would be against the insurance policy, not the members...
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DP  
#8 Posted : 13 June 2012 09:05:39(UTC)
Rank: Super forum user
DP
Not with an excess above what the claims worth?
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chris42  
#9 Posted : 13 June 2012 09:08:13(UTC)
Rank: Super forum user
chris42
This is interesting, but I’m struggling to get my head around it. Does this then mean if you are a member of a gym, health spa or golf club you also could not make any claim should you be hurt ?. What about workers cooperatives ( I think they still exist), where everyone owns the business. Must learn to type faster, I'm with ahoskins, surly the claim is against the insurance
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Canopener  
#10 Posted : 13 June 2012 10:06:15(UTC)
Rank: Super forum user
Canopener
while they may be related, aren't liability and insurance 2 different things? Surely liability has to be either accepted or established first. Then, if that particular event is covered under an insurance policy then this would cover the liability. If not then the the person or entity who is liable would pay. Could be wrong.
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Tomkins26432  
#11 Posted : 13 June 2012 10:13:56(UTC)
Rank: Forum user
Tomkins26432
I'd be very surprised if the club was unicorporated?
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SpaceNinja  
#12 Posted : 13 June 2012 10:18:43(UTC)
Rank: Forum user
SpaceNinja
canopener wrote:
while they may be related, aren't liability and insurance 2 different things? Surely liability has to be either accepted or established first. Then, if that particular event is covered under an insurance policy then this would cover the liability. If not then the the person or entity who is liable would pay. Could be wrong.
I agree, if it goes to court then it is going to be claimant v defendant, not claimant v defendant's insurance company.
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DP  
#13 Posted : 13 June 2012 11:57:09(UTC)
Rank: Super forum user
DP
Who is to say they have PL cover unlike EL this in not mandated.
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Phil Grace  
#14 Posted : 13 June 2012 16:38:25(UTC)
Rank: Super forum user
Phil Grace
Could write a book on this - but time does not permit. - Injured person is owed a duty of care by someone: an employee by their employee, for a shop customer it is the retailer, for someone using a gym it is the owner/operator, for visitor to a building it is either the owner or tenant, for a user of a product it is the retailer/supplier/manufuacturer etc etc - Injured person sues that person who owed them the duty of care - Generally the person is insured and the insurer takes over the conduct/running of the claim ON BEHALF of the policyholder - If it is employee/employer then having EL insurance in a legal requirement - Hardly any firms etc would operate without PL or Products Liability insurance even though it is not a legal requirement - For majority of small firms insurance is purchased as a package of EL/PL/Prods plus all their property insurance for fire, theft flood etc - Excesses are available but not that common. They are hardly ever used for EL (v large firms excepted) but may be used to promote good risk management e.g. indivdual store managers made to pay first £x of claim to encourage them to keep shop floor free of slip & trip hazards. Can't comment on specifc example mentioned - too many variables etc but I would imagine that club would have PL - do they never allow in guests? Hope that helps Phil
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