What is at stake?

Sports and Social clubs, ex-servicemens clubs and similar are not normally regarded as high risk premises.  But if a member or a guest is injured whilst at your club or as a result of some activity or the carelessness of one of your employees you may be sued for compensation.

Examples of Public Liability claims include: A guest at a wedding reception alleges that her heel caught in a gap in the dance floor causing her to trip and fall.  She sustained a severe fracture of the wrist and injured her shoulder.  The individual has not worked since the accident.  In another incident it is alleged that a child fell from the side of a stage and injured their eye when they fell onto a radiator valve that was missing its domed plastic cover.

Risks such as these can be managed.  This will significantly reduce the possibility of a claim or prosecution.

Day to Day Risks

The most common accidents at clubs and similar venues are slips, trips and falls.  These can occur on dance floors, in toilets, on steps and stairs and outside the premises, for example in car parks. These types of accident usually result from simple causes that are easily controlled:

• Slips on the dance floor often result from spilt liquids.
• Wet floors in toilets.
• Potholes in the surface of car parks.
• Dangerous steps leading to/from the building.
• Poor lighting that does not reveal awkward steps.
• Defects in outdoor paths or the car park surface.

Other Activities

There will be circumstances where unusual activities take place and these need special consideration:

• Outdoor events: Undertake a risk assessment when planning the event.
• Fireworks Displays: Ideally these should be managed by an independent operator. If you plan to manage and discharge the fireworks yourself ensure you have a trained person. The appropriate guidance must be observed and in particular spectators need to be kept and a safe distance.
• BBQs: Make sure that these are protected so the risk of bystanders, especially children, being burned is eliminated.
• Bouncy Castles: If obtained/hired with an operator check that they have adequate liability insurance. If the club simply hires the device make sure that it is supervised at all times. Ensure that the supplier provides specific instructions and guidance.
• Letting of Premises: When hiring out function rooms and similar use a formal contract that defines who is responsible for what. It would be advisable to stipulate that those who hire function rooms must report any incidents or injuries to the club immediately, at the time of the event. The contract should clearly state if the hirer is expected to take out public liability insurance and/or require them to product evidence of suitable liability insurance.

Guarding your club against Claims/Managing the risk

The need for a risk assessment has been mentioned several times. A risk assessment is nothing more than a process of common sense. Before any activity is undertaken the possible risks should be identified e.g. the risk of injury and the action that needs to be taken should be identified and communicated to all necessary persons.

The following are examples of the management of risk in some common scenarios/situations.

• Spilt Drinks: Bar staff, especially glass collectors should be on the look out for spilt drinks. When a spillage is spotted they should arrange for it to be cleaned immediately. When the premises are crowded they should stand by the area to prevent anyone slipping before cleaning takes place.
• Outside Paths/Steps: These should be kept in good condition and inspected from time to time to detect any damage that may need repair. They may need to be cleared of ice/snow in bad weather or fallen leaves in the autumn. Consideration should be given to whether the exterior lighting is sufficient.
• Steps: Any steps within the building e.g. on access routes or in toilets should be inspected. There should be sufficient light to make the change in level obvious. Steps and stairs should ideally have non-slip coverings and floor coverings e.g. carpets must be free from tears or other damage or defects.
• Food Safety: If the club prepares or serves food then there are numerous requirements and legal regulations that must be complied with. These are designed to ensure that the food is served in a hygienic and safe manner.
• The actions of employees: You can be legally liable for injury or damage caused by your employees. This is called vicarious liability. As described above any action, or omission, by an employee could mean that you face a claim. Make sure that employees are trained, that they can recognise risks and know what action to take.

Real Life Scenarios

• Sports and Social Club: A guest attending a function went to the toilet and slipped/fell on an unmarked step just inside the door. There was no non-slip edging to the step nor any form of marking to highlight its location.
• Cricket Club: The club’s function room had been hired for a private party. One of the organisers was clearing up after the event and used a fire door to take a bin bag to a skip. As they left the building they slipped on a wet step injuring their hip.

Fire Safety

Fire safety is not just about protecting property. Wherever people gather for events it is important that a fire risk assessment is carried out. This will identify the risk of fire and help to determine what needs to be done to minimise the risk. This will some or all of the following: the appointment of fire marshals, the preparation of an evacuation plan, installation of extinguishers, installation of fire equipment or even changes in the building.

When an accident occurs

If a person suffers an accident it is prudent to take suitable steps to reduce the impact e.g. call the first aider.  Make a record of the incident and, if possible, record details of the injured person, such as name and address. Try to find out if the incident was witnessed by anyone – if so obtain their names. It may be useful to photograph the scene.

However, do not admit liability or make comments such as “It is all our fault” or “… this is the xth time this has happened”.

If you do receive correspondence from the injured person or a solicitor acting on their behalf forward it to your broker immediately.

The Role of Insurance

Public liability insurance provides protection against claims from members or guests, covering the costs of defending such claims and paying any compensation that may be agreed or awarded by a court.

There is no legal requirement to have public liability insurance. However without such insurance, one large claim could put you out of business. Accidents, claims and subsequent bad publicity can result in damage to your reputation and loss of customers, with long-term financial consequences for the club. Such losses are generally not covered by insurance.

Key Action Steps

• Undertake risk assessments of your activities to minimise any risks arising from them.
• Ensure staff – paid, full-time and temporary are aware of the risks and the actions they must take to manage them.
• Ensure all accidents involving members and guests are recorded.

Active Insurance provide an online public liability insurance quote system that compares business insurance quotations from multiple UK insurance companies.