Liability claims can be very high as they are rarely based on tangible factors but rather on emotion and suffering. However, any such claim needs to prove negligence i.e. that your company was truly at faulty, and will be influenced by the following factors:
- Are your floor tiles dangerous?
- Do you have sufficient signage?
- Was the ranger driving recklessly?
- Was the guide qualified and taking reasonable care when he took a group on a big 5 walking safari?
- Was the client made aware of any risks?
- Did they sign an indemnity form?
Taking care of the above listed will certainly relinquish some responsibility, but not in the event of true negligence.
Signage and information given either verbally or in writing to clients is imperative. This may often be in your marketing literature where the risks and shortcomings of a tour or experience must be clearly stated.
How did you handle the situation after the event? Don’t ever openly admit negligence such as, “sorry it was my/ our fault”. Handle the situation with compassion and understanding and where possible try and remedy the problem. Isolate the individual or people involved from your other guests and don’t allow anyone who is not directly involved, or who is not able to offer proper medical assistance, anywhere near the clients or the incident. It is often others who encourage, incite and worsen an already difficult situation.
- Make sure the events that took place are accurately recorded and comprehensive statements are taken from all relevant people. Photographs may also be helpful.
- Ensure your company is fully compliant with the local laws that govern your specific industry and all the staff that work for you.
- Health regulations must be met, buildings must meet certain standards and guides compliantly licensed and qualified etc.
- Ask the client if they invested in other insurance. Most people travel with their own insurances and as such are covered for such eventualities. In fact, specifically for clients travelling on tours, it is advisable to make personal insurance compulsory.
- In the event of blatant negligence, the other insurance company would still try and recover from your insurance or look for recourse against you. If applicable, inform the booking agent that the client booked through, of the incident and keep them fully informed at all times.
These incidents have a habit of mushrooming once an ill-informed agent gets involved. This is especially important in the case of an injury or death, where the next of kin must be notified.
NOTE:
Contracting the services of a tourism specific emergency response call centre is advisable as your liability for decisions made in a crisis situation will be transferred and the incident recorded for future reference. SATIB are tourism specific insurance brokers who have their own call centre, SATIB24 Crisis Call, specifically designed to assist you in managing these emergencies – and to assist you in containing the cost of potential claims.
Article by Carla Gillham, SATIB Insurance Brokers Brokers
