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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I am the secretary of an angling club with over 200 members;

Customer Question

I am the secretary of an angling club with over 200 members; we are about to become a Ltd company. I have been told that if we make the access and egress easier for members to by for instance constructing a set of steps in the river bank, if a member then has a fall on the steps they can hold the company responsible. If we add a clause to the membership application form that states "all activities undertaken by members while on property owned or leased by the company is entirely at the risk of the individual member" will this take away any such liability from the company?
Submitted: 4 years ago.
Category: Law
Expert:  Vincent2013 replied 4 years ago.

Hi, thanks very much for your question. My name's XXXXX XXXXX I am going to assist you with it.


If a member suffers an injury and is able to show that the company was negligent, it wouldn't be possible, under English law, for the company to rely on an exclusion clause restricting or excluding its liability for death or personal injury. The relevant rules that deal with this are set out in the Unfair Contract Term Act 1977 and apply in all circumstances, regardless of whether the clause is in a contract or a non-contractual notice or whether the parties are dealing on standard terms or a bespoke contract.


In fact, attempting to exclude liability for personal injury may well render the entire exclusion clause void. Therefore, as there are presumably other losses you would like to exclude (such as property damage), it might, in fact, be advisable to state that nothing in the term shall attempt to exclude liability for death or personal injury resulting from the negligence of the company. Even with this exception, the clause will still be subject to the test of reasonableness (as set out in the legislation).


From a practical point of view, the best way to manage the company's liability regarding injuries and death may be to investigate obtaining a public liability insurance policy.


I hope this is helpful and, if so, I would also be very grateful if you could take the time to rate my answer by leaving positive feedback. Also, please don't hesitate to let me know if you require anything further.

Expert:  Nicola-mod replied 4 years ago.

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