‘The Management Accepts No Responsibility’…. Oh really?
Almost everywhere you go these days you will see various legal looking notices claiming to absolve the management from any responsibility for damage, loss or injury.
However, what the general public may not be aware of, is that such notices hold little legal sway.
Here at Simpkins and Co Solicitors, we have recently secured a compensation payment for a client who sustained an injury at a Hampshire golf course whilst enjoying a round of golf on New Year’s Eve.
Although a sign is publicly displayed at the golf club claiming that the management accepts no responsibility, this is at odds with the requirements of the law.
Principal solicitor Steven Simpkins commented, “Irrespective of how many disclaimer signs are put on display, there remains a duty of care for public safety. If the case reaches court, they will assess the reasonableness of the sign, but it in no way absolves management of any responsibility should an accident or injury occur. It will be a case of looking at other factors such as whether there was any negligence leading to the incident.”
In this particular case, our client sustained an ankle injury when he tripped over a wooden framework that was not clearly visible as it had been partly obscured by overgrown grass.
The injury was such that our client was incapacitated, leaving his wife to cope with gardening, housework, cooking and shopping, all tasks that they had previously shared. Our client believes that this subsequently had a detrimental effect upon her health, leading to her requiring a hip operation.
Steven added, “We were able to prove that the claimant had sustained personal injury and loss due to the club’s unsafe facilities caused by poor maintenance, and attained a damages settlement for £12,500.”
The message to business owners is that yes, by all means, erect such signage, but remain vigilant about all aspects of maintenance and safety at all times. The message for the public is that should you find yourself sustaining a personal injury, it is always worth having a free consultation with us to see if you may be eligible to make a claim.
