do I need public liability insurance for a climbing frame

[pringlesmakethebedcrunchy]

I live in an isolated group of houses, 2 miles from the nearest town. It's a private estate, which may have some bearing on this. There's an unused patch of land on the estate, which is also privately owned but the owner hasn't been around for the last 30 or so years, and it's used by residents for communal barbeques, and one end is the bonfire area, used communally.

We want to put a climbing frame up, for use by the kids on the estate. This would be paid for by the parents of the kids who live here, but others on the estate are welcome to let their grandkids etc use it. I had planned to put up a disclaimer next to the equipment saying:

a) this is private property
b) use of this equipment can be dangerous, and can result in serious injury or death.
d) all use must be supervised by an adult, and adults are responsible for ensuring use of the equipment is safe.

However, one of my neighbours has raised concern that we might need public liability insurance. We don't own the land, so I can't see how we could take this out. I also can't work out which particular acts we might be liable under and how we could mitigate the risk of people suing us if their kids fell off the equipment.

Given that we're in the middle of bleeding nowhere, it's reasonable to assume that children wouldn't be on the estate without an adult (i.e. they're not going to be able to get here independently). Would the occupiers' liability act 1984 apply? If we put the disclaimers up, should that be ok? would we even be liable at all as it isn't our land. If we were liable, would it be jointly between all the people who'd bought the climbing frame?

It seemed such a nice prospect for amusing the children in the summer, but the prospect of losing the house if a child falls off the climbing frame is beginning to take the shine off the idea. Is this a realistic thing we need to worry about?

[YesMaam]

Good question - I think there could be potential liability under the Occupiers Liability Act, even though you do not technically have an interest in the land. By erecting the climbing frame, you are, sort of (technical term), staking a claim in it.

In this litigious world, I am not sure I'd be happy taking the risk without some sort of insurance, not so much for foolish/foolhardy use of the equipment, but if it were damaged or broke and caused injury.

Disclaimers don't really work for this sort of thing, and of course there might be an element of contributory blame on behalf of the user/their parent, but again, is it worth the risk?

A good broker might be able to get you cheap public liability insurance for play equipment on land you do not technically own.

Who will maintain the equipment? You will need to try and have an agreement with the others about that, because if you cannot agree maintenance, one person might have to stump up the bill to pay or have it removed if it becomes dangerous.

Have you thought about doing something to establish your right to use the land? Adverse possession or village/town green?

I think quite possibly this sounds like a good idea, but there is a slim chance it could turn into a nightmare. Sorry.

[pringlesmakethebedcrunchy]

that's very helpful - thanks. I'll look for insurance brokers.

It had crossed my mind that the land could be registered as a village green but it's one of those things that we've never got round to - but worth considering, I agree.

[sneezecakesmum]

Yesmaam seems to have given you lots of good advice. All I do know is that putting up disclaimers does not excuse you from your 'duty of care' to the children using the equipment and checking with an insurance broker seems like a very wise thing to do.

Sounds brilliant fun though!