Sometimes, due to unfavourable weather or unforeseen circumstances an accident may occur, and if a person, whether a member of the general public or a club member, suffers an injury or damage to their property and they feel that this is the fault of the club or its members, they may take legal action against the club or the members involved. If they can prove that the club and/or individual is responsible, then the club or member may be ordered to compensate them and this cost can usually be covered by public and products liability insurance. Most State Federations require member clubs to carry Public Liability Insurance to protect the club including office bearers, walks leaders, members and, in turn the State Federation.
The Public Liability Policy is designed to pay, by way of compensation on behalf of the Insured (the club), all sums which the Insured shall become legally liable to pay in respect to injury and or damage as a result of an occurrence in connection with the insured activities of the club, subject to the terms, conditions and exclusions of the policy. This Policy currently provides a Limit of Liability – $20,000,000 for any one occurrence.
This policy doesn’t directly protect the person suffering the injury or property loss. It protects only those parties who the person suffering the loss alleges are responsible for it. If the claim is upheld, they can then compensate the person suffering the loss using the insurance claim proceeds. So it isn’t a straightforward direct claim between the injured person and the insurer like a Personal Accident claim. It requires the person suffering the loss to either sue or threaten to sue the Club and/or the members who the person suffering the loss alleges are responsible for it.
If the person suffering the loss isn’t a Club member, this has no additional consequences. But if the person suffering the loss is a Club member, a Public Liability claim is clearly a potential source of major friction within a Club. Any Club not taking out Personal Accident insurance and relying solely on Public Liability insurance needs to bear this in mind.
Examples of Public Liability claims
· a participant in a social function accidentally damages a rented meeting hall
· a trip participant accidentally burns down a mountain hut
· a trip participant accidentally dislodges a rock and injures another person, whether in the same group or not.
Renewal Arrangements for 2024-25
The Bushwalking Australia Public Liability insurance policy was renewed from 1 July 2024 without change to insurer, conditions or endorsements. Clubs that submitted renewal questionnaires requesting cover under this policy will automatically have had their cover renewed from 1 July.
Policy Documents
For legal reasons it is not desirable to have full details of this policy publicly available. Member clubs requiring further information, or a copy of this policy should email the Bushwalking Australia Insurance Contract Manager at insurance@bushwalkingaustralia.org