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accident report guest injured holiday home

5 steps to take if a guest is injured at your holiday home

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accident report guest injured holiday homeAccidents happen, and whilst health and safety measures will reduce potential risks there may still be a time when a guest is injured at your holiday home. Our holiday home insurance policy comes with public liability as standard, but there are some steps you’ll need to carry out should an accident occur.

Make sure communication is at the forefront of your mind

First and foremost, make sure that as soon as you’re made aware that a guest has been injured, you check on their condition. Identify how serious the incident was, and also exactly where, how and when it took place. Having firm and hard facts will be important when dealing with your insurance provider.

Don’t admit liability

It can be a very English thing to say sorry as soon as someone has been hurt. However, sometimes accidents happen, so until it is completely apparent that the incident has taken place as a result of your actions, don’t steam in and admit any liability.

If someone has been injured discussions in the immediate aftermath can become heated. Think of the best way to deal with the situation. Whether that would be through a face to face meeting or asking them to provide a written account of what has happened (often a good way for them to let off some steam). Do not respond to any correspondence beyond acknowledging receipt and stating that you have passed it on to your insurers. It is imperative that you forward correspondence to your insurers as soon as you receive it.

Inform your insurance company

Next, you will need to inform your insurance provider. We recommend you do this as soon as possible for the benefit of you and your guest. Provide them with full details of what happened (which is why it’s vitally important you gather this information), as well as information on any injuries sustained. The more information you let your insurance provider have the better. If it’s received as quickly as possible they’ll be able to deal with your claim and resolve it. Afterall, this is ultimately what you and the injured party will both want.

Begin gathering information

Once your insurer has been informed, you may need to gather evidence which proves your holiday let is well run. Paying particular attention to how you manage it in accordance with health and safety regulations. This evidence could include maintenance schedules, proof of adherence with legislation, updated risk assessments. Gather these, together with anything else that may be relevant. By displaying that your property and grounds are safe and well maintained will demonstrate that you’ve taken reasonable precautions. Don’t be alarmed if the insurance company appoint an independent adjuster to take photos and discuss the claim with you. They are just gathering the facts, so always be open and honest with them. They’ll take the matter forward with the intention of concluding the claim on the best terms.

Forward all communication to your insurance provider

Finally, ensure that any correspondence from the injured party (or their representative) is dealt with promptly. Where possible forward it to your broker or insurance company by return of post or immediately if by email. Any delay could prejudice your position.

Whilst reading this article you’ve probably been asking yourself if you have taken all possible measures to protect visitors to your holiday home. We have many other articles on these subjects, here are links to a few which may be of interest to you:

Boshers offer specialist holiday home insurance to owners across the UK. For more information on how a specialist insurer can help and support your holiday home business, please give us a call. Alternatively for further information on holiday home insurance visit the website page most relevant to you:

 

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Disclaimer notices

`At your own risk’ | How valid are disclaimer notices?

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Disclaimer noticesWe’ve all seen them in everyday life; ‘Park here at your own risk’, ‘Playing in this area is at your own risk’. Disclaimer notices have become an increasingly common sight for most of us. Therefore it may surprise you to find that they don’t absolve the owner from blame should something go wrong. This is equally true for your holiday home and the facilities that you provide for your guests.

Do you have one of these signs at your holiday let? Have you mentioned this sort of wording within your welcome pack? Let’s take a look at:

  • how far these go in removing or reducing your liability, and
  • what you should be doing to make sure that you’re fully covered should the worst happen.

The legal bit – is your disclaimer notice valid?

As part of the unfair terms provisions in the Consumer Rights Act 2015 it is stated that no contract term, or notice, can legally have the effect of excluding or restricting liability for death or injury caused by negligence in the course of business.

What does this mean if an accident occurs as a result of your negligence? Your disclaimer wording won’t get you off the hook in terms of blame.

What exactly does negligence mean in this context? An example may be if someone were to hurt themselves whilst playing on your trampoline. There is of course the risk of an accident happening when bouncing on any trampoline. However should the accident happen for instance because the trampoline collapsed and you hadn’t carried out any recent checks on the equipment. Your disclaimer notice will most definitely not absolve you from any liability.

When could they be valid?

If your notice clearly only applies where someone else, or a factor outside anyone’s control, is to blame, then it can be valid. An example here might be if someone were to swim in an area of the sea that is well known for having a strong rip tide. However, if thinking about your holiday cottage, the majority of elements you will have some sort of control over reducing risk, whether that’s your hot tub, children’s play equipment or a trampoline.

What should you be doing?

Regardless of whether you have a sign on display or not, your responsibility to your guests as a holiday homeowner means that it’s vital to have procedures in place. Ensure that everything your guests are using is regularly inspected and abiding by manufacturer’s and legislative guidelines.

Making sure that you work to processes and guidelines will not only mean that the chances of an accident occurring are reduced, but also ensure that you’re not seen as negligent should it still happen.

The insurance bit

Bosher’s Holiday Home Insurance policies come with £10,000,000 of Public Liability cover as standard. In the event of an accident any insurer will want to know about the steps taken to reduce the potential risk. Keeping a written record of risk assessments, inspections, maintenance and guidance for the use of your facilities is highly recommended. You’ll find more guidance on this below.

Please note this article is only an initial guide to the legal validity of disclaimer notices. For further information about your liability as a holiday let owner please seek legal advice. Alternatively give us a call if it’s an insurance matter.

Boshers offer specialist holiday home insurance to owners across the UK. For more information on how Boshers can help and support you as a holiday cottage owner, please give us a call. Alternatively for further information on holiday home insurance visit the website page most relevant to you:

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Holiday homeowner liability

Improve guest safety whilst reducing holiday homeowner liability risks

Holiday home facilities – 6 steps to improve guest safety whilst reducing holiday homeowner liability risks

Holiday homeowner liabilityWhen adding additional facilites to your holiday home consideration should be given to guest safety and holiday homeowner liability risks. Tourism is an increasingly competitive marketplace; what makes someone choose your holiday home over the property down the road? What it is that differentiates you?

This level of competition has seen an increase in the facilities and products offered by holiday homes to their guests in recent times. Look back 10 years and a hot tub wasn’t such a common site. Fast forward to 2016 and it’s almost a must if looking to attract guests in some locations.

What was previously seen as an added extra is now often taken for granted as a standard element. So with holiday homes becoming packed full of features, where does your holiday homeowner liability lay and what should you be considering each time you add a new element to your let?

Step one: Think before you buy – complete a risk assessment

Before you buy a trampoline or any other additional item for your holiday home, fill out a risk assessment form. What could go wrong? What injuries could occur? Sit down and take the time to really think about every aspect of the new facility. Potential injuries, faults, and problems are just some of the things you should make a note of so that you are completely knowledgeable on the safety, use, and maintenance of your new item.

Step two: How can you minimise risk and ensure a safe experience?

Once you’ve carried out your risk assessment and created a list of potential injuries and problems, it’s time to think about how you can minimise those risks. Whether it is a safety net around a trampoline, or a step with grip out of the hot tub, these little solutions can make a huge difference in keeping your guests safe. Don’t forget, a notice stating that they are using the facility at their own risk will not resolve you from liability should an incident occur. This means that you need to actively take steps to make your new facility as safe as possible.

Step three: Adhere to all legislative and manufacturers guidelines

Legislation will apply to certain items. Hot tubs, for example, have a lot of legislation regarding maintenance. It is vital that hot tubs and similar facilities are maintained accordingly, ensuring that exposure to infection is minimised. Other facilities may also have specific legislation which you will need to research, understand, and enforce in order to comply with UK law.

Step four: Conduct regular checks and maintenance

Regular checks on your holiday letting property isn’t anything new. However, you’ll also need to do regular checks and maintenance on your new facility. The easiest way to keep this up is by creating an inspection/maintenance programme. This will help you to schedule regular checks and provide a record of any inspections made. If you won’t be carrying out the maintenance yourself, particularly when it comes to hot tubs, you’ll need to consider whether a housekeeper or other person will need training. Alternatively you may wish to engage a qualified contractor to provide the maintenance for you.

Step five: Make sure that your guests know how to use it safely

After spending time, effort, and money, on your new facilities you won’t want them to be damaged or broken. Inform your guests by leaving clear instructions for them. By communicating clear guidance means you have done as much as possible to show them how to use the facility, and it is less likely (if following all of these steps) that an injury as a result of misuse could be your fault.

Step six: Inform your insurer

The final step is to inform your insurance company about your new facilities. Make sure that you are abiding by policy conditions at all times. If in doubt about these conditions, then speak with them and make sure you have a clear understanding of what is and is not covered.

You will want peace of mind if an incident does occur. Follow the guidance above and you’ll sleep well knowing that you did your utmost to ensure the safety of your guests. Whilst you may not mitigate your holiday homeowner liability, you’ll likely to reduce your chances of being found negligent. It’s at this point that having quality holiday home insurance in place comes into its own. Your insurers will help to defend any claims for negligence and ensure that claims and expenses are paid in a timely manner.

Boshers offer specialist holiday home insurance to owners across the UK. For more information on how a specialist insurer can help and support your holiday home business, please give us a call. Alternatively for further information on holiday home insurance visit the website page most relevant to you:

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Slips, trips and falls

Limiting the risk of slips and trips in your holiday home

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Slips, trips and falls

Slips, trips and falls

The old adage, “prevention is better than cure” is never truer than when applied to limiting the risk of slips and trips in your holiday home letting property. As holiday home insurance specialists we see public liability claims made by guests and occasionally employees all too often.

Slips and trips are one of the most common causes of of non-fatal major injuries to employees and they also account for over half of all reported accidents to members of the public.

Limiting the risk of slips and trips in your holiday home

All employers and anyone who is in control of premises visited regularly by members of the public should assess and manage the risk of slips and trips at their premises. Slips and trips can result in injuries which may lead to compensation awards that can often be substantial.

Health and Safety legislation affecting holiday home owners

All employers have a responsibility to ensure the safety of their employees and also those not in their employment at their holiday home premises under the Health and Safety at work Act 1974. Subsequent regulations describe te duty to carry out risk assessments and set out specific responsibilities with respect to ensuring a safe work place.

Those in control of premises also have duties under the Occupiers Liability Act 1984. This is defined as follows and clearly extends to control of slip and trip hazards:-

“A duty to take such care as in the circumstance of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.”

Key questions you should ask yourself about your holiday home

  • Are the internal floor surfaces of your holiday home in good condition?
  • Do you regularly inspect your floors to ensure that they remain in good condition? Have a procedure to ensure that damage is repaired promptly.
  • Have you secured floor coverings such as rugs, mats and carpets?
  • Do you have handrails securely fitted as an aid for climbing steps and stairs?
  • Is your lighting fit for purpose?
  • Have you installed suitable show screens or curtains to minimise water spillage on shower room or bathroom floors?
  • Have you removed tripping hazards such as trailing cables?
  • Are cleaning substances chosen to reduce risk of slippery surfaces?
  • Are the external paths, driveways, patios and steps in good condition, free of defects such as unevan, loose or broken paving bricks, slabs or potholes?
  • Do you have a regular cleaning rota to ensure that your paths are cleared of leaves, lichen and moss which can become slippery when wet?

Good holiday home housekeeping, risk assessments and key action steps

Good holiday home housekeeping is the first and the most important method of preventing falls due to slips and trips. Make it easy for your housekeeper and guests to report any defects within your holiday let and have them rectified as soon as possible. Without good housekeeping practices any other preventative measures will never be fully effective.

Risk assessments for holiday home slips and trips should be carried out to identify possible hazards.

  • Look for slip and trip hazards
  • Decide who might be harmed and how
  • Consider the risks
  • Are there suitable controls in place?
  • If not, determine new/improved control and implement
  • Record your findings as this goes a long way to demonstrate your positive attitude to Health & Safety in the event of a claim against you
  • Review on a regular basis

Key action steps for holiday home owners

  • Ensure that new flooring surfaces are installed so that they are, as far as is practicable, free from tripping and slipping hazards
  • Conduct routine inspections to ensure that all surfaces are free from slip and trip hazards
  • Ensure that rotine maintenance is carried out to remedy defects
  • Implement a sound housekeeping programme

References:-

Preventing slips, trips and falls at work INDG 225 – Free

Workplace health, safety and welfare INDG 244 – Free Available from HSE Books

A quality holiday home insurance policy such as that offered by Boshers for UK holiday lets will include employers and public liability cover to indemnify you against your legal liability to pay damages and legal costs arising out of bodily injury to employees or accidental injury to guests or other visitors to your holiday let. However limiting the risk of slips and trips in your holiday home through prevention is always better than cure!

Follow this link for posts similar to limiting the risks of slips and trips in your holiday home and other useful resources for holiday home owners

For further information on UK holiday home insurance visit the website page most relevant to you:

Thank you for reading limiting the risks of slips and trips in your holiday home.

For further advice and information on specialist holiday home insurance for UK holiday let properties visit www.boshers.co.uk/holiday-home-insurance

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