Court ruling highlights public liability insurance risk

A recent Court of Appeal decision in the case of Bottomley v Secretary and members of the Todmorden Cricket Club and Others (7 November 2003) serves as a warning to everyone about the importance of public liability insurance for anyone who has contact with the public.

From the details given in today's Times Law Report it appears that the cricket club engaged an independent contractor to perform a firework display at the club. The contractor performed this for free – no doubt as part of a fund raising event for the club.

Unfortunately the claimant, Mr Bottomley, who was assisting the contractors with the display, was injured and he subsequently sued the two contractors and the Club officers for damages.

The Club was appealing a High Court decision that found them liable along with the two contractors. It transpired that the contractors were not insured and the club had not taken any steps to ascertain if they carried public liability insurance or not.

The Appeal Court held that the club had an active duty to take reasonable care in its selection of a suitable contractor to undertake the dangerous task of mounting a firework display and the fact that the contractor had not made a charge made no difference. The club had allowed a dangerous event to take place on its land with no public liability insurance and no written safety plan. The Court held that the club would have escaped liability if it had taken reasonable care to select competent and safe contractors. Had they done that then Mr Bottomley could only have claimed against the contractors.

It seems surprising that the club did not have its own public liability insurance – what about flying cricket balls hitting stray passers by?!

However, this decision should serve as a warning to all UKTECH users who are officers of clubs, or members of school fund raising committees or similar events, as well as to anyone who decides to hold a good party at home and engage a band to play or a bouncy castle to entertain the children. Have you ensured that they have their own public liability insurance? If not then you are at risk if a child bounces out of the castle and hurts themselves or the band's roadie electrocutes himself. Most home insurance policies include an element of public liability cover but if the accident occurs at a club or a school then the organisers are at risk.

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