We are often asked by people considering organising or promoting stand up paddleboard activities on a non-instructional, non-business basis and not via formally established clubs, on the potential liability issues that may arise.
In short, the liability – particularly in negligence for any death, personal injury or damage – that such organisers or promoters may be exposed to is highly dependent on the circumstances and the extent of duty of care that they may be assuming. There being some form of duty of care is an element required to establish negligence.
For example, simply acting as a promoter and providing a forum or social media page for people to share their plans and help to connect people to undertake an activity together, without the physical involvement of the promoter should expose that promoter to a low risk of liability in the event of any death, personal injury or property damage which occurs on one of those activities. A promoter of such a forum or social media page should however ensure that best, safe practice and advice on meeting people online is followed.
At the other end of the spectrum, if an organiser promotes a general invitation to undertake an activity specified by them, co-ordinates the organisation of this, and then makes the decision to set out on the activity effectively acting a group leader or guide, such a person is likely to assume a substantial duty of care. In the event of death, injury or property damage, this organiser may potentially be exposing themselves to a very considerable risk of liability.
Depending on the nature of your promotional and organisational activities, it may be prudent to hold appropriate insurance to cover this risk.
It is important to recognise and understand that under law in the UK (and many other countries), you cannot exclude liability for death or personal injury caused by your negligence.
Using a disclaimer of liability is a good practice and may help to eliminate or discharge a duty of care or to reduce any duty of care that might otherwise arise but they should not be regarded as a magic bullet. Any disclaimer should be prominently brought to the attention of participants and ideally, participants should sign it.
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Please note the information above is provided for information purposes only and does not constitute legal advice. Professional legal or insurance advice should be obtained before taking or refraining from any action.