Risk assessments are a cornerstone of health and safety management. They’re designed to identify potential hazards, evaluate risks, and implement control measures to prevent accidents. 

However, even with risk assessments in place, accidents can still happen, leading to Public Liability claims. This case study examines a scenario where a business’s risk assessment proved insufficient to prevent an injury, resulting in a settled claim.

The claim and outcome

The incident occurred at the venue premises of our insured, an entertainment provider. A customer sustained an injury on site, leading to a Public Liability claim against the business.

Despite a risk assessment being in place, insurers were forced to accept liability because the venue had identified the risk within their assessment. 

The risk assessment advised that to prevent accidents, a procedure would be followed by all employees and this would minimise the potential for any accidents or injuries. However, that protocol was not followed by a member of staff, leading to the customer ending up in A&E. 

The claim was eventually settled following full medical evidence, with the following costs incurred:

• Injury claim payment: £9,225
• Claimant’s solicitors’ costs: £3,650.90
• Investigation costs: £350

The key takeaways

This case highlights several important lessons for businesses regarding public liability and risk management:

1. Risk assessments are a starting point: While risk assessments are crucial, they are not a guarantee against accidents. It’s essential to regularly review and update risk assessments to ensure they remain effective.
2. Control measures must be adequate: Identifying a hazard in a risk assessment is not enough. The control measures implemented to mitigate the risk must be sufficient to prevent accidents. If a risk is identified but an accident still occurs, it suggests that the control measures were inadequate in the first place.
3. Take proactive steps: Businesses need to prioritise proactive measures to prevent accidents, rather than simply relying on reactive measures after an incident occurs.
4. Evidence is critical: In Public Liability claims, evidence plays a crucial role. Medical evidence, witness statements, and documentation of safety procedures can all impact the outcome of a claim.
5. Be prepared to payout: Public Liability claims can result in significant financial losses, including compensation payments, legal costs, and investigation expenses.

Go beyond compliance with RiskBox.

This case demonstrates that health and safety is not just about complying with regulations; it’s about creating a safe environment for everyone. 

At RiskBox, we understand the importance of ensuring that your business has the right environment to not only survive, but thrive. That’s why you can count on us to provide expert insurance advice that lets you know where your current coverage is lacking. Speak to our friendly team to find out more.

Photo by Oliver Hale on Unsplash