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Posted By mjolley
Please can anyone advise if professional indemnity is a legal requirement and is there any case law referring to claims made against H&S consultants/advisors under PI in the UK, Europe or USA, or if H&S consultants have been sued personally as they did not hold PI?
Thanks,
Mike.
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Posted By Tony abc jprhdnMurphy
You will find that many insurances are not a legal requirement, the debate over PI becoming a further intrigue into who when and why?
I cannot imagine a case where an individual(H & S) would be prosecuted and therefore using the insurance route to satisfy any negligence. Most PI cover is for corporate and collective ownership and responsibility. Recently I turned down a nice money earner due to a lack of PI despite the fact that the chances of this ever biting your bum is minimal. There is no point in advancing your professional development without understanding the intricate details and the risks, which PI will not cover you against anyway.
Call a legal body and ask their stats on H & S individual proven negligence cases. I think you will find there are not too many. Be very interesting to know though.
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Posted By Jay Joshi
There does not appear to be an explicit legal requirement to have Professional Indemnity insurance as yet for Health and Safety consultants.
However, a client can potentially sue a consultant/consultancy by means of a civil claim to cover for damages suffered due to "negligence" of the consultant/consultancy.
You cannot indemnify via insurance criminal law fines if prosecuted by enforcement authorities.
There is not need to have professional indemnity cover for "in-house/employed" safety advisors as this will be covered by vicarious liability
Refer to:-
http://www.businesslink....OURCES&itemId=1074302046
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Posted By Phil Grace
Professional Indemnity (PI) is not a legal requirement, neither is Public Liability (PL). However, PI is often required by governing bodies of the professions e.g. solicitors cannot "trade" without PI cover.
However, that is hardly the point. If - as I assume - you are trading as a consultant I would offer the following comments.
If you enter a client's premises and cause an accident that results in someone being injured you could be sued by the injured person, maybe by the employer - the person with whom you have a contract. Your household policy will contain a PL extension but this is designed to protect you if the postman falls/slips/trips on the path to your front door. This cover will not protect you for the carrying out of a business. As a consultant you would be well advised to take out PL.
PI cover protects against the eventuality that the advice you give results in some form of economic or financial loss for your client. It is pretty obvious to see why a solicitor or an architect needs such cover. It is also easy to argue that a H&S consultant is unlikely to be sued for "bad advice"... but do you really want to risk it? I would advise that PI be taken out by all/any consultants.
A recent thread also drew attention to the particular nature of PI insurance - it operates slightly differently to other forms of insurance. Cover is for claims made within the period of insurance. So, you retire/cease trading but after that a client discovers a loss and sues you... unless you have taken out run off cover you will not have any protection.
Hope this helps... if you wish to discuss further drop me an email
Phil
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Posted By DJ
Having PI cover is not a statutory requirement and as far as I am aware, there have been no recent cases of health and safety practitioners being sued for professional negligence.
Regards.
DJ.
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