Accidents on Club Premises 

Any club or association which owns, controls or occupies land or buildings has a wide range of obligations to guard against visitors from being injured. Some of these obligations also extend to trespassers who may be on the premises without permission.

The members of an unincorporated association do not have a general duty of care towards each other, so a member of an unincorporated association cannot claim against the other members unless it can be proved that an individual had a specific responsibility, for example keeping the premises in a fit state, or that an individual knew of a danger and failed to warn the other members. (see Prole -v- Allen [1950] 1 AER 476, and Robertson-v-Ridley [1989] 2 AER 474, and Milne v Duguid & Others [1999] SCLR 512).

The duty towards a visitor will vary according to the circumstances of each case, for example an injury to a visitor during a sporting event may not lead to liability if it can be shown that the visitor knew of the possible danger and sited himself at a certain vantage point despite that knowledge (see Wooldridge-v-Sumner [1962] 2 ALL ER 978).

However vistors coming into premises and injuring themselves because of a defect may well have a valid claim against the club (if incorporated) or representatives of the club members as a whole (if unincorporated), and this is one of many reasons why a club with premises should have a good insurance polcy in place.

For further information See Also 'Occupiers Liability'.

If you require further assistance please do not hesitate to contact the Legal Team Tel:  0844 5569519  Email: legal@rya.org.uk.