Liability SIG Seminar Report - Martin Mathieson

On 24 April 2008, the Liability SIG held a case study seminar at the Freemasons Hall, Bridge Street, Manchester. The seminar was aimed at all levels of Managers and Claims Handlers involved in Motor Liability and EL/PL Claims and was conducted by Martin Mathieson of MI Adjusting and Owen Gorman of AMG. The first case study "Nightmare on Elm Street" involved a serious road traffic accident when an uninsured motorist belatedly braked to make a right hand turn which was the catalyst for multiple collisions resulting in a fatality with numerous other individuals sustaining personal injuries to varying degrees of severity.

Various issues arose, not only in relation to liability, but the implications of the lead vehicle being uninsured, the relationships of various parties, the application of the Fatal Accident Act 1976 and the Law Reform (Miscellaneous Provisions) Act. Case Law was debated including Jones & Others v White 1990 (psychiatric damage) and arguments that could be raised for the non-wearing of safety belts (see Foom v Butcher - a leading point of authority).

The issues were challenging and the seminar attendees, aided with photographs of the scene, computer aided sketches and detailed briefs, were split into various groups to initially discuss the various issues. Feedback was collated, the facets of the case analysed and a questions and answers session then took place.

The afternoon case study was equally as interesting and focused on a Public Liability Policy covering a Football League's Member Clubs. An incident occurred during a Second Division game, when, during the warm-up session, a player shooting at goal missed his target and hit a spectator who was knocked to the ground and sustained a serious head injury.

The seminar groups addressed the foreseeability issues, the requirement to provide warning signage, case history, not only at the particular Club but throughout the League and the extent to which a duty of care is owed.

The consensus was that the case studies, whilst quite different, were equally interesting and challenging, addressing and clarifying the various complex issues which arose.

The seminar was well attended and the feedback on the day and subsequently was extremely positive. A number of the attending Managers expressed interest in exporting the seminar style and particular case studies to other regions and, in this respect, the Liability SIG are considering further.

Martin Mathieson