Daily Insurance Industry News
Daily Insurance Industry News
Thursday 18th of October 2018
June 22, 2011

Endsleigh warns Leisure Trusts at risk from personal injury claims

by Brian Turner

Story link: Endsleigh warns Leisure Trusts at risk from personal injury claims

A new report published today by Endsleigh, the specialist insurance broker for leisure trusts, warns trusts that they could be liable should a customer injure themselves on a piece of faulty gym equipment.

The report highlights that under the terms agreed between some leisure trusts and companies leasing gym equipment, it is the trust and not the supplier who would be liable to meet the costs brought by an injured customer due to a fault on the part of the manufacturer.

Endsleigh warns that costs could end up being in the tens of thousands of pounds and recommends leisure trusts review their existing contracts instead of purely relying on their products liability insurance to cover them.

David Christmas, Endsleigh’s Spokesperson said: “Leisure trusts should go through their leasing contracts with a fine tooth comb – insurance agreements are generally subject to terms, exclusions and conditions.

“Many of our customers, particularly those in the leisure trust sector, hire and purchase goods for use or consumption by their customers. This can relate to a wide range of products from gym equipment to vending machines and swimming goggles to food and drink.

Inevitably a formal agreement will exist between the trust and the product supplier and it is vitally important to check, that by signing such agreements, the trust are not exposed to increased liability.”

The report examines the contractual complexity that often arises when a personal injury claim is lodged. The paper states that if an injury were sustained due to faulty equipment the responsibility may rest with the manufacturer or the supplier.

However, if an injury resulted from lack of supervision or instruction on the use of such equipment then responsibility may rest with whoever is managing the facility.

Endsleigh’s report also recommends that leisure trusts re-examine existing lease agreements with local authorities as again there could be some confusion over who is liable for specific insurance issues.


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