Summary
The Insured, a not-for-profit who worked in partnership with the Local Council providing ‘Food Festivals’, received a claim from a Saxophonist (performing on a voluntary basis) after he slipped whilst descending the steps of a temporary stage.
The Claimant’s allegations were predicated on the fact that the marquee was erected on a slope, resulting in rainwater collecting near to the stage area. It was further claimed that there was a hole in the marquee, and that the step’s handrail was ‘wobbly’. These allegations ultimately proved to be erroneous.
Factual Findings
The material incident occurred within the Entertainment Marque at a Food Festival promoting local food and drink producers. The marquee was supplied and erected by a Third Party.
The Claimant was a member of a Band who volunteered to perform at the event, on a temporary stage provided and erected by an Audio-Visual Company. A separate independent Security Company provided Security Operatives.
Enquiries with the Marquee, Audio-Visual and Security Company established that all three Parties, along with the Insured, had suitable and sufficient Risk Assessments in place.
As a result of a prompt investigation, we were able to inspect the marquee and establish that it was erected in a safe manner. The hole in a section of roof was unavoidable to allow for tree branches, and it was not in the vicinity of the stage in any event. The steps leading to the stage were in a good state of repair, with secure handrails in place, and they had been installed correctly.
The circumstances of the incident recorded at the time by the Security Company in their logbook, was also found to be at odds with the allegations subsequently presented by the Claimant.
Finally, online enquiries identified the Claimant’s Facebook profile, as well as that of the Event Organisers, which showed the stage conditions at the material time. They were not considered to be dangerous.
Outcome
On the strength of the evidence obtained, we were able to demonstrate that the incident did not occur as alleged, or as a result of the Insured’s negligence, or those contracted to provide other facilities / services. Liability was therefore successfully denied.
Prompt investigation following instructions was key to securing crucial evidence, such as witness statements of all involved. It also allowed us to secure photographs from Facebook before they were deleted. Without this evidence, a defence may not have been possible.
As an aside, we were able to assist the Insured with risk management recommendations, by way of ensuring that they documented daily inspections and introduced standard contract terms with their Partners.
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