3rd Part Public Liability Insurance (3TPL) insures businesses and organisations against legal and compensation claims by members of the public, customers or clients against anything that they do which causes injury to them or their property as a result of negligence.

 

The key  concept here is whether the insured has been negligent.  If the insured can show that they have carried out and compiled a formal written risk assessment, and have fulfilled the safety requirements to reduce 'as far as practicable' any risk, they are not liable and there can be no claim.  

 

At its simplest this is the reason why signs should be available signalling a wet floor or dangerous bumpy ground.  On the other hand, an activity such as showing a dog has inherent risks which the Courts will recognise: running around the ring may result in a trip, a fall or injury but a claim is only likely to  succeed if the management have failed to take sensible and reasonable precautions.  If there are potholes in the ring they should be filled and exhibitors should be warned by stewards if grass is wet or the surface is particularly uneven.  If this is done, exhibitors proceed with the activity at their own risk.

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The same principle applies to infection.  A show needs to make it clear that exhibitors show 'at their own risk' but  should put in place reasonable precautions to ensure that infection cannot easily spread and that, should there be infection later, people can be tracked.  The insurance industry believes that as Covid19 cannot yet be identified so standard procedures such as ensuring people who show symptoms may not use the facility, insisting on social distancing, having processes in place for the cleaning and disinfection of equipment and surfaces and perhaps temperature testing those entering a venue are sufficient 'practicable' precautions - but it is vital that a formal, professional Risk Assessment be carried out with appropriate monitoring in place to ensure its demands are met.

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Not carrying out a Risk Assessment prior to any event or not monitoring its provisions will invalidate a Showsurance policy in the same way that driving while disqualified invalidates a car insurance policy.

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Click here for the link to Showsurance's Risk Assessment template.  Please note this is for guidance only and may be a useful basis on which to build but show managements are advised to carry out their own assessments and use a qualified H & S professional if they are uncertain about any aspect of the process. 

 

This template does NOT include suggestions for assessing the risks from infection.  Showsurance will publish guidance from its Underwriters when this become available.

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