Benches supplied by local committee - liability ?

omega42

I am part of a local committee and we own a number of picnic benches. Some of these benches have been lent to a local cafe for outside the front of the shop. Others are next to a playground (on council property). My worry is that if there is ever an accident on or because of these that the committee will be liable.

Will this be the case or would the cafe & council be Liable as it on there property. The cafe owner asked for a lend of them but the council did not. The cafe has them out on the footpath in front of her shop.

Thanks in advance

Truthvader

omega42 wrote: »

I am part of a local committee and we own a number of picnic benches. Some of these benches have been lent to a local cafe for outside the front of the shop. Others are next to a playground (on council property). My worry is that if there is ever an accident on or because of these that the committee will be liable.

Will this be the case or would the cafe & council be Liable as it on there property. The cafe owner asked for a lend of them but the council did not. The cafe has them out on the footpath in front of her shop.

Thanks in advance

Well your first problem is that "the committee" is not a legal petson at all and so can't be responsible. You are though

Lenar3556

omega42 wrote: »

I am part of a local committee and we own a number of picnic benches. Some of these benches have been lent to a local cafe for outside the front of the shop. Others are next to a playground (on council property). My worry is that if there is ever an accident on or because of these that the committee will be liable.

Will this be the case or would the cafe & council be Liable as it on there property. The cafe owner asked for a lend of them but the council did not. The cafe has them out on the footpath in front of her shop.

Thanks in advance

Is there a particular risk surrounding these benches that you are concerned about. I.e have you a doubt over their safety or fitness for purpose?

In answer to your question, if for example someone was injured arising from some failure of the seating, the could take an action against the LA or business owner seeking damages. Either of these parties or their insurers could in theory seek to add the Commitee members as defendants.

Steps like having a written agreement with the business owner, stipulating that these were being provided for his use FOC, but he is required to assess there fitness for his intended purpose, and only to deploy them as seating when he is satisfied of same.

How long are the others present in the public areas under the control of the LA?

As another poster rightly pointed out, there are distinct risks arising from unincorporated groups like this one - it would often be desirable to form a CLG or merge the activities into an already existing similar organisation.

nuac

Mod
Title amended

omega42

So once there is a written agreement in place both the business concerned we should be on on that front but the ones beside the playground I should be worried about. There is nothing wrong with the benches just afraid that somebody will fall off on trip over etc.

omega42

Is there any more opinions on this please