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AM I COVERED BY PUBLIC LIABILITY INSURANCE

  • 17-02-2010 12:36pm
    #1
    varney
    Registered Users, Registered Users 2 Posts: 28 ✭


    Hi Folks,

    A couple of weeks ago I had a bag containing my laptop, passport, ipod, hard drives and various other small items stolen from a dressing room in a theatre in the UK.

    The venue is an up to date performance space with CCTV ( which caught the individual on camera, but police were unable to identify, ) and had numerous security people on the premises when this happened.

    My Travel insurance is saying they are only liable for 400euro of the loss ( they cateregorise computers as 'valuables' as opposed to 'personal possession' which has a higher ceiling of cover).

    My question is - does the venue have any liability in this instance? I can't recall if there was a notice stating 'Venue not responsible for items lost or stolen on premises" or words to that effect, but even if there was - does that legally exclude them from any reponsibility whatsoever?


Comments

  • #2
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Public liability insurance would not cover theft, it's not for that. Any insurance the venue has would be to protect the venue itself, and not you. If you did not secure your belongings, then that's not their problem. You should have adequate insurance for your own possessions.

    The only way they could be liable, would be if the venue accepted responsibility for looking after your belongings, like keeping them in a secure storage area or cloak room. If they were left in an area you knew to be unsecured, then you take responsibility for that.


  • #3
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    jor el wrote: »
    Public liability insurance would not cover theft, it's not for that. Any insurance the venue has would be to protect the venue itself, and not you. If you did not secure your belongings, then that's not their problem. You should have adequate insurance for your own possessions.

    The only way they could be liable, would be if the venue accepted responsibility for looking after your belongings, like keeping them in a secure storage area or cloak room. If they were left in an area you knew to be unsecured, then you take responsibility for that.

    I think that OP is asking if he can claim against the public liability insurance of the venue.

    There is no reason why OP cannot claim against the venue. However, it is a different question to know if they have any liability.

    AFAIK occupiers in the UK can contract out of their liability for loss or damage of property if the disclaimer is reasonable. If they can pass the reasonableness test they will probably escape liability.

    The travel insurers should be asked to follow this up. If they are paying they have subrogation rights. This means that they become availed of your rights against the venue. Try and get them to follow this up but to remember to include anything that you were not paid under your policy.


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