Occupiers Liability 

The aim of this part of the website is to provide some guidance to clubs on the obligations and responsibilities arising from the law on Occupiers Liability.

Members of an incorporated association jointly occupying club premises will be liable as occupiers for any damage caused by the structural condition of the premises. Liability is essentially between the members of the club as a whole and any visitors. There may also be liability for personal injury or damage, due to the defective state of the premises, towards a person who might reasonably be expected to be affected by those defects.

A member may be able to claim damages for loss or damage against another individual member or members who can be shown to be liable for an identifiable negligence, but such a claim would not be rooted in occupiers liability. For example, a member of a club successfully claimed damages for personal injury against the steward of the club, who was also a member and appointed to the role of steward by all the members operating through the committee. The personal injury was caused on a flight of steps, the position of which had recently been changed. A light hung near the steps but had been switched off by the steward. The steward was found to be the agent of every member of the club, appointed to fulfil various tasks including control of the light. The Court held that he had been negligent in fulfilling the task of ensuring the light was switched on. The Court further held that the committee members had no duty imposed on them by that role, as towards the injured member.

For further information on Occupiers Liability please download our Occupiers Liability leaflet.

If, after having read through this leaflet, you have any further questions, please do not hesitate to contact the Legal Team. Tel: 0844 5569519 email legal@rya.org.uk

Related Downloads

• Occupiers Liability
• Occupiers Liability a Guide for Training Centres