Public Liability Insurance and evening classes

[imp123]

I have been attending a fencing club in London for a couple of years and one thing is bugging me and its that of public liability insurance.

On the website is this disclaimer:

Students and members attending London Fencing Club undertake that they are fit to carry out all training which can include heavy physical exercise and exertion. No responsibility can be accepted by the offices, members or employees and contractors of the club for any personal injury or property damage whether 3rd party, personal or other. Students, members or other fencers undertake that they carry out all fencing or related activities under their own risk and if required carry their own personal risk insurance


My impression is that say if I was to be accidently skewered as it were that this wording gives the club no protection and the club owners would be liable, is this true?

Edited by imp123 on Tuesday 6th February 14:41

[richburley]

My reading of that is exactly the opposite; that the club is NOT liable for the actions of the clubs members...

[Size Nine Elm]

(IANAL) IIRC you cannot add any disclaimer against negligence, but if the conditions disclaim injury from just taking part, I don't see that's a problem.

Is it negligent to allow people to hack at each other with swords?

[Elsarius]

Basically, if a non-member innocently wanders into the place and gets skewered, the club is probably going to be in trouble. If a member is engaged in fencing at the club and gets skewered, it's their own fault unless the club has been criminally negligent in some way (like cutting holes in the guy's face mask for a laugh...)

[jasandjules]

imp123 said:

No responsibility can be accepted by the offices, members or employees and contractors of the club for any personal injury or property damage whether 3rd party, personal or other.

You cannot negate liability for personal injury in law. NO matter what. So the sports centre (or the owner of the property under the Occupiers Liability Act) would be accountable.
Depending on the injury though, for example being stabbed, the other chap(esse?) could argue Volenti Non Fit Injuria if you were to claim. Basically that means that the sport is a hazardous one and that you would pretty much accept you might get injured when competing. IF however the opponent punched you, Volenti would not be a defence. (for example the pro footballer who got seriously injured in a tackle which was held to be above and beyond what would be expected in the game).

[richburley]

jasandjules said:

imp123 said:

No responsibility can be accepted by the offices, members or employees and contractors of the club for any personal injury or property damage whether 3rd party, personal or other.

You cannot negate liability for personal injury in law. NO matter what. So the sports centre (or the owner of the property under the Occupiers Liability Act) would be accountable.
Depending on the injury though, for example being stabbed, the other chap(esse?) could argue Volenti Non Fit Injuria if you were to claim. Basically that means that the sport is a hazardous one and that you would pretty much accept you might get injured when competing. IF however the opponent punched you, Volenti would not be a defence. (for example the pro footballer who got seriously injured in a tackle which was held to be above and beyond what would be expected in the game).

Correct, but got there in a roundabout kind of way, after the slightly erroneous first sentence!!! You can negate liability for PI in law, if there is no negligence, or at least, no negligence on your part. Volenti is an absolute defence in law, and the wording of their disclaimer is basically expressly stating that people who fence, do so at their own risk (subject to any evidence of negligence, of course)