Site disclaimer notices - are they legal?

2058 Views 7 Replies 8 Participants Last post by Spacerunner, May 16, 2009

2Dreamers

Discussion Starter · May 16, 2009

Hello everybody,

In this mornings post we received our booking confirmation for a small site in Wales.

On the bottom of every piece of their literature was the following disclaimer:

"Site will not accept liability for accident, injury, loss or damage to persons or property occupying or using any part of the site however caused."

Is this legally binding?

Surely they can't distance themselves from all responsibilties, they have hookups and loos, showers etc which, if poorly maintained, could cause injury.

We are thinking of setting up a CL site (max 5 vans) and are under the impression that we would need to obtain liability insurance.

We would welcome your thoughts.

Cheers

Ed & Julie

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Pudsey_Bear

· #2 · May 16, 2009

Not absolutely certain, but would think it's done more to discourage any claims than being valid in law.

We all have a duty of care, regardless of whatever signage we erect

Kev.

Posted by Kev.

This post is meant for entertainment purposes only. Your mileage may vary. Do not try this at home. Void where prohibited. Some assembly required. For off-road use only. Slippery when wet. Batteries not included. Do not use while operating a motor vehicle, heavy equipment, or any vehicle, especially the newer Fiat ones. Videos may be too intense for some viewers and children under 30 years of age. Please remain seated until the post has come to a complete stop. I am not a professional, I have no training, I'm not even particularly good at horse whispering. Don't believe everything that you know. Please keep your hands in the vehicle at all times. Do not tap on glass. Do not eat anything that has been on the floor for more than 3 days. Keep your hands to yourself. Not to be taken internally. Reproduction is strictly prohibited. Always wear underwear. Poster does not carry cash. Objects in mirrors are further than they appear. Don't eat yellow snow.

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autostratus

· #3 · May 16, 2009

2Dreamers said:
Hello everybody,

In this mornings post we received our booking confirmation for a small site in Wales.

On the bottom of every piece of their literature was the following disclaimer:

"Site will not accept liability for accident, injury, loss or damage to persons or property occupying or using any part of the site however caused."

Is this legally binding?

Surely they can't distance themselves from all responsibilties, they have hookups and loos, showers etc which, if poorly maintained, could cause injury.

We are thinking of setting up a CL site (max 5 vans) and are under the impression that we would need to obtain liability insurance.

We would welcome your thoughts.

Cheers

Ed & Julie

Why not check with someone who should know the answer.

Write to the Caravan Club telling them: we are thinking of setting up a CL site (max 5 vans) and are under the impression that we would need to obtain liability insurance.
You can then quote the disclaimer from the site in Wales and ask in view of that whether you do indeed need liability insurance.

They do the licensing of the CL network so should be able to give you a definitive answer.

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LazyRover

· #4 · May 16, 2009

No doubt you will be taking legal advice as part of setting up your business and will ask what form of disclaimer you yourselves should use.

Having said that, in simple terms, No, one cannot abrogate one's own or one's servant's or agent's responsibilities quite so simply.

I believe the advice you have received concerning insurance is correct.

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olley

· #5 · May 16, 2009

Not worth the paper its written on, you are legally required to have public liability insurance, ours if for £5 million I think.

And with the ease that people can sue nowadays for the slightest little thing, you would be silly not to.

Olley

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pippin

· #6 · May 16, 2009

I am too idle to do a search, but do we have a FAQ section or any other information on here about setting up a CS/CL?

If not, why not?

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rft

· #7 · May 16, 2009

Public liability insurance is not a legal requirement in the UK although employers liability is. Having said that it would be most unwise to not be properly insured.

If you have been negligent you won't avoid being sued despite signage to the contrary!

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Spacerunner

· #8 · May 16, 2009

pippin said:
I am too idle to do a search, but do we have a FAQ section or any other information on here about setting up a CS/CL?

If not, why not?

'Cos that what the clubs do. This ain't a club, its primary purpose is info on motorhomes, not how to set up a small business.

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