McHale & Co. Solicitors Blog

Be careful where you go: time for compulsory insurance to protect the public.

Surely it is about time for the introduction of compulsory public liability insurance to protect customers of public-facing businesses. A potential client may trip in the salon or a negligent manicure may lead to scarring. Surely they have redress, right?

Companies are already required to have employer's liability insurance to cover the health and safety of their employees at work but in businesses such as beauty parlours, tattoo parlours or hair salons, there is no requirement to insure to compensate customers who have been injured through negligence.

If a claim is pursued against a clinic which does not have insurance then in most instances this will lead to the business going insolvent. This is bad for the client and the business which could have been avoided through the inception of a relatively cheap insurance policy.

However some rogue traders currently get around this by closing their business and then re-opening another. This is morally unacceptable to say the least.

All councils are self insured in order to compensate unfortunate people who trip on a defect in the highway. Most supermarkets also have insurance for people who suffer accidents when visiting their store.

If you trip it is important to take pictures as soon as you can of the area and use a ruler where appropriate to show the size of the defect, you should report the accident to the council or staff of the business, take names and addresses of witnesses to the accident or of local residents if it is a claim against the council as they may be able to comment on how long the defect has been there.

Malcolm Horner Head of McHale and Co personal injury department and fellow of APIL commented "I have successfully pursued claims against the council, night clubs, beauty salons and many other companies where they have initially denied liability and where there had not been insurance in place. However I feel all companies should have public liability insurance. Claimants denied redress because a defendant has gone bust without insurance is not acceptable. The law needs to be changed, in many other countries this type of insurance is compulsory."

Categories: Personal Injury

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