Advice required please

[Softus]

You only need PL insurance if you are trading.

Oh really? And yet many household policies include public liability cover, for events such as jaywalking, or roofing tiles falling on heads of passers by, or dog causing damage, etc., all without being a trader of any kind.

You will be covered by the schools insurance if 'helping them out'. And in this case there would be no 'you' just the school

That sounds like wishful thinking - or do you know the terms of the school's insurance policy?

This is how the claims business works. Everyone, anyone is liable for their own actions. Any individual can be sued for negligence if they are deemed to have a duty of care to the injured party. But in any claim the claimant will go after those most likely to be able to pay - which in this case is the schools insurers. It is very, very unusual for an individual to be pursued as it does not make commercial sense for the claimant - and that is all its about, a commercial decision based on who can pay and if they are worth chasing

True in terms of how claimants are likely to behave, but not if the insurance policy doesn't cover 'helpers'.

Strictly, the school will assume vicarious liability for you. This is a specific legal concept and means that they become responsible in law for those who they have control over and not just direct employees

....although vicarious liability doesn't apply in all scenarios where contractors are engaged, and the OP is an unpaid contractor in this case. However, in situations such as schools and children, the school cannot delegable its duty of care with respect to personal injury. This still doesn't mean that the school's insurance policy indemnifies them in this case, just that the OP could not be held liable.
__________________

imamartian, take a look at the following web site - it may give you food for thought, especially since it mentions BS EN 1176 and 1177.

http://www.setterplay.co.uk/

 

[^woody^]

That sounds like wishful thinking - or do you know the terms of the school's insurance policy?

Probably, I deal with Zurich and LA PI claims and policies every day.

The way PI claims work is that the claimant must prove liability, and will allege vicarious liability, and the school will refute or agree as they see fit. The school will be vicariously liable in this situation, but that does not imply actual liability for any injury.

Oh and the bit about needing PL ..... the OP does not need it, household policies have it, in the same context as they will have cover if your water pipe bursts, so by this logic everyone needs cover for burst pipes too.

 

[Symptoms]

martian - the hierarchy often isn't clear-cut;

LEA Maintained Schools (the traditional model) = the LEA, then The Governing Body, then the Headteacher.

Foundation Schools = The Governing Body, then the Head (no LEA, although these schools will often 'buy-in' services from the LEA - say payroll).

Academy Schools = ?

I suppose if you're dead-keen to get involved, then it wouldn't hurt to get a written invitation from the Chair of Governors to show that, at least The Governing Body is happy for you to get involved (although I'd still recommend doing it through the Parents Association).

Headteacher ARE, under the H&S legislation, designated Key Managers so must satisfy themselves that all is safe; this is a function they CANNOT delegate.

My original observations are based on that 'litigious' parent having 'the hump' at their child got hurt at school (all schools have one or two parents like this!), and they want justice (as they see it).

Just another 'spanner in the works' .... if the project is during term-time, and the kids are about, then the school should do 'police checks' on adults working there. We live in very jumpy times, I'm afraid.

 

[imamartian]

Symptoms, thank-you.

Think i need to sit down with the head teacher for starters....
And i'm quite happy with the 'police checks', mrs martian has just gone through similar as she's treasurer for the local scouts.

 

[Thermo]

stop worrying, just clarify it with the school, dont worry about the barrack room lawyers.

 

[Softus]

That sounds like wishful thinking - or do you know the terms of the school's insurance policy?

Probably, I deal with Zurich and LA PI claims and policies every day.

That would become impressive if it meant that you know what the policy terms actually were.

Oh and the bit about needing PL ..... the OP does not need it, household policies have it, in the same context as they will have cover if your water pipe bursts, so by this logic everyone needs cover for burst pipes too.

By that token, i.e. using the same method of warping the meaning and application of the word "need", no trader needs it either.
___________________

top worrying, just clarify it with the school, dont worry about the barrack room lawyers.

Ooh, you're so close - just one more and you'll have earned that prize for overuse of trite phraseology.

 

[Thermo]

better than the prize for waffle and bullshit, earnt a long time ago by some people

 

[Softus]

better than the prize for waffle and bulls**t, earnt a long time ago by some people

Was that an example of being specific, or just waffly?

 

[Thermo]

three guesses

 

[Softus]

The fact that was no such prize says it all.

 

[Thermo]

ill get them to send it recorded delivery to you next time

 

[Softus]

OK Thermo, but you know you can't stay annoyed wiv me forever.

 

[Thermo]

im only annoyed when you wade in with your size 9s on

 

[Softus]

Fair comment. My problem is that my feet are size 9.