Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Craig22  
#1 Posted : 12 October 2012 11:19:14(UTC)
Rank: New forum user
Craig22

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
stevie40  
#2 Posted : 12 October 2012 11:28:07(UTC)
Rank: Super forum user
stevie40

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.

roshqse  
#3 Posted : 12 October 2012 12:38:22(UTC)
Rank: Forum user
roshqse

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.
RayRapp  
#4 Posted : 13 October 2012 22:54:57(UTC)
Rank: Super forum user
RayRapp

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.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.