Disclaimer for cubs activity

[Blueskiesandbuttercups]

Kids due to go on an activity at a particular venue.Just had a disclaimer we have to sign against all injuries etc.

Is that normal?

What is the point of public liability insurance?

Basically if they got seriously injured (not likely I know)does that mean they'd get nothing?

Obviously I'll sign it but a bit.

What's the activity? How dangerous is it?

It's only orienteering but it seems to be a generic thing they send out(they do a lot of activities).

Just wondering what the point of pl is which they must have.

I'm not a lawyer, DH is and always reads the disclaimers and mutters away about them not being enforceable. A business cannot exclude liability for damage caused as by the negligence of the business or its employees. Assuming that covers injuries etc not sure if it covers other types of damages. I think businesses use them to try to put people off taking actions if there is an accident. However, if tested it would be up to the court to determine whether the disclaimers is enforceable or not, not the business.

It usually means that it's an activity that, even when totally properly run, has some risk of injury.

You are signing to accept that inherent risk. But you could still take action if there was negligence. It's a bit like the difference between falling off a climbing frame and falling because the climbing frame collapsed. The former is just one of those things; the latter is potentially negligent as equipment should be in good condition.

Should have seen the info we got on the insurance for the year 6 residential.

"Loss of 4 limbs £X, Loss of 2 limbs half price..."

Ahhh,it's all injuries,accidents,damage etc.Thought it was a bit strange.

Scaev the negligent thing was separate,this then went on to say whatever the circumstances etc.

If it's not enforceable that is reassuring.

I'd agree it's not enforceable as a blanket clause.

You're being asked to state that you are aware that taking part in the activity has inherent hazards and you are prepared to accept the risk that goes with them. There should be a written risk assessment available for you to see if you want.

The Scout Assoc. do provide generic templates for these documents, as do activity providers and their governing bodies. (e.g. British Orienteering - I've helped organise events for our orienteering club and have never had to write a document from scratch).

As said above, if an incident occurs due to to negligence, on the part of the Scouts, the activity provider, or even a third party, then that is a different matter. Negligence is not inherent in the activity.

Your cub is insured to take part in activities approved by the SA and their insurers. This is funded by a portion of the capitation you pay each year. This documentation should also be available.

Oops. Thread's moved on in the time it took me to write that long essay...

But it was a lovely essay Abzs.

The Scout Association has a very good 'Help Line' that you can call for clarification. www.scouting.org.uk

I've had to sign a disclaimer for my son to participate in a scout activity in which I had to acknowledge that the activity might involve death.

The fact is, it might. Even when all the necessary safety precautions are in place, accidents do still sometimes happen.

I've never known of a death incurred in any of these events, and I hope one never does, but the activities the cubs/scouts participate in can be risky.

I'd rather sign something acknowledging that accidents happen, and are sometimes just that, than not sign it and stop my son and/or the other children from having a great time.

And what Abzs said.

My DB (Scout Leader) was sued by some parents as their son broke his leg playing football at a scout meeting - it was a genuienly unlucky accident, there was no 'dangerous activity' involved but the parents obviously thought they could get a few ££££££s out of the Scout Association.

No wonder it is so hard to get Leaders for Scouting . DB gave up Scouting not long after that.

Unless there had been obvious neglect, it wouldn't occur to me to sue.

I'm very grateful for the work Scouting/Guiding leaders do and appreciate the time and effort they put in.

It's a real shame that was your brother's experience, Ragwort