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Adam | Football Event? |
If I was to organise a football league - I'd obviously need Employer and (best practice) Public Liability Insurance.
The insurance I'm going to take excludes player to player injuries.
Therefore if two players are involved in a tackle and someone breaks a leg, my insurance will not pay out!!
What I'd like to know is can I be sued by the player who is injured even thought my staff and facilities were not at fault? |
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GARY W
 |
Hi Adamski, You're getting some things mixed up here......
Employer's Liability is only required if you actually employ someone - ie they accept your instruction in return for moneys (work experience people count) - so I doubt if that's what your talking about here.
Public Liability is the minimum you should take. It's a policy that protects individuals for their legal liability for causing injury to a person or damage to their property - it protects you were someone alleges your responsible for their injury/loss. It doesn't simply pay out.....player gets injured by another, then this is the policy that protects him. You can get policies that protect the association/league/club and all of it's members. So if a passing member of the public gets injured, for example, and then goes onto try and sue the player/club/league - there's a legal liability policy to protect them. The important thing is to get a policy which includes "Member to Member" liability (sometimes there are different phrases used) - there's no point in not getting it - your missing the biggest risk.
You can also get players PA - this is what automatically pays out if players get injured, the policies are cheap on a per team basis, but the benefits are never very high. Individuals should sort this themselves in my opinion - £10k -£20k is a typical club policy limit, which isn't very much for losing your life or being permanently disabled isn't much protection.
You should talk to your local FA, they nearly all have schemes of some description - particularly for Public Liability.
To your specific query - yes, they can try to hold you responsible for what they want - but if they can't establish your negligent, then they won't win - this is what the insurance is for, to pick up your legal bills and prove there's no fault, pay for costs of defence, pay for the award of the court decides it was your fault. It's difficult to establish negligence in football as it's a dangerous sport, but I've seen it happen. Rugby had a famous incident where the ref was held responsible for a broken neck as he'd allowed the scrum to collapse a number of times but taken no action. |
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mandms2
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I may be wrong - but this is something you should check.
If they are employees, Worker's Compensation Insurance takes precedence over everything else and covers injuries - even intention injuries to one player by another. I don't think any legal paperwork, such a waivers, can change this. |
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willliewaggler
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You could just contract out of liability. When the players sign up to play, say that you are not at fault if there is such an injury and say it is for the players to obtain their own insurance. |
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Tea G
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A key clause in football contracts is the Injury clause, usually there is some kind of compensation granted for on the field injuries. Most players are advised of this prior to signing. AND Yes. A suit can be filed against you for just about anything so long as you fail to get coverage (for anything and everything you can! Especially when it comes to Sports,and football is one with many injuries, sometimes making the injured debilitated to where they can no longer participate/play/work. Those people will file suit just to get you to settle. It would be easier to file suit against YOU rather than the other player, because you are the head cheese, the one responsible for establishing insurance coverage for your players. I would get player to player coverage, spend the money because it might be worth it down the road. It's all in how you right up a contract...Can you legally exclude staff and faculty? And ask yourself this...Will potential players sign a contract where they have no right to get compensation for player to player related injuries? I wouldn't, because then I the player, would be Sh*t out of luck. The bulk of injuries are out on the field. Either way you can expect to get hit where it hurts. Protect yourself. |
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robscob311
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put together a waiver that every player must sign prior to joining. State that you are not liable for any bodily injury. Also include a hold harmless clause which means that if they are injured they will hold you harmless of such claims or injuries. (they cant sue you for their injury) Well put it this way...they could sue you but being they signed the waiver it would be thrown out in court.
I would also recommend calling K & K Insurance company they specialize in amateur sports leagues and teams. They do have programs that can include medical payments for participants from $25,000 to $250,000
go here: http://www.kandkinsurance.com
click on sports (left hand side) then Amateur Sports- Teams, Leagues & Associations. I am pretty sure you can call the company directly and sign up or they may give you the name and number of a local broker that uses them (many companies do not work directly with the public)
Hope that helps |
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