Insurance requirements for rescues/rehomers

Our man in Havana

Just wondering with all these rehomers and rescues, what insurance do they need to carry on with what they do? Do they need public liability insurance for their activities? And if so how many actually bother?

If a rescue rehomes a Labrador that appeared to be fine, and it savages the new owner what cover does a rescue have in such an event?

star-pants

It's a very good question - I don't know!
I do know that we got a yorkie from a shelter and it kept attacking my mother n sister so they took it back no questions type thing. But if I get the chance over the weekend I might email a few places and ask.

Blueprint

I'm pretty sure they do, at least for their premises, as I know it was mentioned before that Limerick Animal Welfare can't keep dogs on the Restricted Breed List in their shelter for insurance reasons, but do get people to foster them. I imagine that the standard rehoming contract probably has a clause for the rescue having done everything in its power to ensure the dog is safe, but can't guarantee it, so you agree not to hold them liable.

Our man in Havana

so you agree not to hold them liable.

That may not hold up in court.

Blueprint

Probably not... I know that some dog clubs do the same though...

star-pants

Sorry for the delay, I got a response from the Chairman of the AnimalCareSociety yesterday, very kindly took time out to give me some information so I'll quote it here :

in haste.. and in a small nutshell.



To run an organisation professionally, small or large, Insurance should be considered. If you are a small group ( or large group, it does not matter) you are playing with fire without insurance. The reason is simple: Since most groups do not have a lot of funds, in case of a possible issue where the group would be sued, the claimant will usually go after the chairman, treasurer, secretary, or other group/society/club officer. If the claimant is successful, people stand a good chance of losing their houses, since that in most cases is the only item of real value most of us have.



The way around this is to form your group/welfare org/ society... whatever.. into a company. Properly structured, the directors of a company have limited liability ( Usually 1 (ONE) Euro) , as defined in the companies memorandum and articles of association. This is Irrespective of whether the company is a charity or not. BUT NOTE: This limited liability is waived if it can be proven that you, as a company director acted in the knowledge that your action was fraudulent. ( Silly example, you buy a yacht.. knowing full well that there is no way on earth that the company could ever pay the purchase price). Your limited one euro liability would be of no use since it can be proven that you acted fraudulently.

For more info on the responsibility of a director, or company secretary, log on to www.cro.ie and download their leaflets.



There are various organisations who provide reduced rate insurance for charities, see for example: www.jlt.ie For any reasonable size charity at MINIMUM you should have 3rd party liability insurance. If you are employing people you might wish to consider employers liability insurance too.



Finally... take a look at www.wheel.ie If you are not a member.. consider becoming one. Trust me.. money well spend. There are a mirad of new regulations coming down the pipeline since the Charities regulations Act 2009 was signed into law on Feb 28th this year.



Hope this helps a bit. Sorry for being so brief.

Inexile

not sure how the insurance line would apply to animals. When you go to a riding stable you are usually asked to complete a form and a disclaimer. The disclaimer basicallys stated that the stables will endeavour to provide you an animal that has a sound temperment and suitable to your level of expertise however, all animals can be unpredictable and you ride at your own risk...

Basically if you have an accident due a defective saddle then you could sue but if you suffer injury by falling off a horse refusing a jump then you couldnt. Unless you could show that the instructor asked you to jump at a level that was to high for your or the horse.

Our man in Havana

Disclaimers are worthless from a legal point of view. You cannot sign away statuatory rights like that.

Also that guy that advises to start up a limited company to avoid needing insurance is talking seriously dangerously. Trading without insurance would void the limited liability and leave the shareholders and directors personally liable. Also the officers of such a company could face jail.

star-pants

Aye the guy wrote back to me there, I'll post it up in a moment when I read it. But he was saying about how they had an animal care society in clonakilty and they got shut down because someone sued successfully after being bitten by a dog they were told explicitly not to go near

star-pants

I formed the ACS into a company for the very reasons I pointed out. There is a real risk that if something goes wrong you stand to lose a lot. Exactly this scenario happened to ARC rescue in clonakility. A person was bitten by a dog ( inspite of having been told NOT to go near the dog) and the person successfully sued the charity and they were forced to close and lost everything they had. . So.,.. real life and not imaginary. We all go thru life, thinking that those things will never happen to us... but it is for the same reason that Men go to war,, none us ever believe that it is us who are going to get shot or maimed.



If your members have specific questions, I will do my best t help them, if they mail them to info@animalcaresociety.ie Please note that I do 7 day weeks and very seldom less than 16 hr days...so there might be delays in me answering. But I will try to help.

That's the main part of his email just there.

Our man in Havana

Once the limited company is insured everything is fine. Starting a company to avoid insurance is folly. A claimant could easily ask the High Court to void the limited liability in a case where there was no insurance.

star-pants

Aye that's very true.

I just thought it was nice he took time to get back and offer to let people ask him questions etc. I emailed two other places so if / when they get back to me I'll post it up in here too.