Do i need Public Liabilty insurance?

[ejmovies]

Hi there.

I am about to start up my own Radio Controlled Off Road club.
The members will be running both Electric and Nitro Cars and trucks with speeds of around 40-50MPH
I will be renting the land from a local farmer and you hve to acces the land via a locked gate.

My question is what kind of insurance etc do i need?
If so, where do i go about getting it?

Thank you very much.

 

[ejmovies]

Any body help?? Pls.

 

[bwglaw]

What kind of 'club' will it be? Will it be a charity? You say you will be renting, or will the club rent it using your name if it is not a registered charity.

Will people be expected to pay for using the track, if so, will payment be to you or direct to the Club or landlord.

At this point I cannot foresee the need for public liability insurance unless you are offering a service.

If users paid a fee to the landlord, it will be the landlord's responsibility

In any event an injury caused by or on the land will be the landlords responsibility but if you are offering a service and act as agent in some way then you may need insurance, whether a charity or not.

If you can explain a bit more some of us will be able to advise further with some accuracy.

Jonathan

 

[ejmovies]

Thank you, Sorry i was unsure what info i would need to give.

I will be renting the land of the lnad ower and the member will pay a yearly membership fee to me as i am the president of the club.

The club is not a charity but nor is it a profit making club, all money that would come in would go straight to the land owner and back into the club.

The club by the way is a Radio Controlled of road racing club, people will meet up there most wek ends but will also have acess via a locked gate to the track when ever they wish.

Hope this is all the info you need to help me, thank you

 

[bwglaw]

As you are an unincorporated association i.e. voluntary group and are collecting membership fees from members I am not sure if you do need public liability insurance considering the 'services' you are offering, but you are really offering membership as a not-for-profit.

Public liability insurance is to cover you/organisation of any liability to the public arising from loss, injury, negligence etc.

If members injure themselves on the track they would have to take action against the landowner who has the duty of care not you or the organisation.

You should seek advice from an insurance broker but in my opinion you do not need it.

Jonathan

 

[ejmovies]

Thats sounds excellent to me, thank you very much.

Does any one disagree?

 

[Antonia @limeone.com]

Yes I could not disagree more with Jonathan on this one.

Your club should have an agreement in writing from the landlord for use of the land and your club should have public liability cover in my view. Your club will be held liable as the organiser of the event and in the event of a personal injury the landlord's insurers would seek to join your club ie its members within the action.

Hence the need for club insurance cover and also checking your landlord's insurance actually covers him for this new use also. That is quite apart from any local Council permission required ie planning for the events.

There are numerous cases of litigation being started against clubs from both spectators and club member to club member for injuries occuring at club events. Think of kids and spectators to the events.

Most lawyers are going to advise you to seek insurance for club activities and get the legal aspects of running events in order, particularly important when there will be spectators present. The law on running clubs is well established and Lime One has 2 lawyers who have considerable experience in assisting clubs to set up within the law at mimimum risk to their members. Public liability cover and also potentially cover for volunteers and member to member liability is a pretty standard offering as an insurance product.

I am happy to advise you further off forum and can also recommend David Malone of http://www.phpl.co.uk telephone 0161 777 9160 as the first point of call for a quote.

You could land yourselves in hot water without it and be at personal financial risk.

 

[gordonthegofor]

find out costs and reassess

 

[ejmovies]

Thank you Anotonio,

I shall definatly look into this with more detail and may well be speaking with you again shortly.
Thank you every one.

 

[bwglaw]

Yes I could not disagree more with Jonathan on this one.

I was merely giving a general opinion as to whether insurance is required. It is not generally a lawyers role to advise if insurance is required but that of an insurance broker. Nor was I giving any specific legal advice.

No need to try and discredit me just because you said there was a legal requirement for a contract of employment, which I said was totally incorrect and this is a very simple fact indeed.

Jonathan

 

[Jayne]

Just curious?

Should you have insurance to do a boot sale then? If the land owner isn't responsible, who would pay out if something dropped on you?

You rent a space from the landowner, so isn't that just the same as renting a field? I thought it would be the field owner who had to insure the land?

Jayne

 

[Antonia @limeone.com]

to discredit you Jonathan. You provide advice on this forum free of charge and are well thought of by the members who receive it.

Another opinion was asked for and I gave it. I appreciate you may feel aggrieved at being challenged, on this occasion I think you have advised incorrectly and my reasons are detailed below.

From my own experience as a solicitor the first time this issue raises its head is when there is an accident and news of a claim lands on the doormat of those who set up the club. This can come from the landlord on whose land or premises the activity is held or from those directly involved in an accident.

At that time there is a real sense of panic and concern even for those who do hold Public liability insurance. I have acted for both claimants and defendants in personal injury claims involving clubs.

Most people setting up a club at some time receive advice, very often from their insurance broker to seek legal advice on membership rules, agreements and liability . Others may not and then meet with lawyers when there is a problem.

You appear to be approaching this as a contractual matter, I am approaching it from a Tort perspective.

There has to be a balance of legal opinion for use by the members. I would be far happier to ruffle your sensitive feathers at being challenged than this particular member coming unstuck based on forum advice.

 

[bwglaw]

Antonia

I do not mind being challenged but there is a time and place. You may be a solicitor, but you are not a practising one.

I do not specialise in negligence (tort) and nor was I giving any legal advice. I am happy to be corrected but as both are lawyers, there is a way of professionally challenging another.

In any event, the original poster is best seeking advice from an insurance broker since this is the question he was asking, not a request for legal advice as such however the topic may well overlap insurance/legal

Having a stressful week also

 

[Antonia @limeone.com]

The idea is to stop digging yourself further in it :lol: