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  • #67183
    Alan
    Flatchatter

      If a strata (Onsite) manager and or member/s of a BC Committee are aware that people are using a swimming pool in breach of body corporate rules (i.e. unauthorized or unaccompanied users); who is responsible in the event of injury if the pool is fully compliant. The property is in Qld.

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    • #67193
      Jimmy-T
      Keymaster

        Putting my bush lawyer hat on (it’s a wig, with corks) I’d say if the use by unauthorised people is being ignored, then the pool isn’t “fully compliant”. Its insurance coverage applies to authorised users, not the general public.  If there was an accident, the body corporate – i.e. all owners – could find themselves directly liable for damages with no insurance coverage if it could be shown that they had knowingly breached their own rules.

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #67205
        Alan
        Flatchatter
        Chat-starter

          I concur with the above, there would be definite cause for concern here as any public liability insurance would not cover any use of the pool that was is breach of the Body Corporate rules; therefore the Body Corporate Manager, the Committee Members and owners who were aware of the breach of the rules and did not take steps to prevent the breach would be liable in the event of injury sustained by the unauthorised users.

          #67212
          Flame Tree (Qld)
          Flatchatter

            I disagree with my cork endowed, wig-wearing justice. Insurance needs to be blanket coverage as there are just too many unforseens to be able to list each and all variations. Much like 3rd Party cover for your car. On that line, I imagine should an incident take place the insurer would likely pay out, and then might go seeing who they can get to pay for that payout. I’d assume that unless it’s specifically excluded in a policy that it is there-for included. And having needed to do that you can likely expect they will crank your policy price next year or exclude it going forward.

            #67214
            Jimmy-T
            Keymaster

              Insurance needs to be blanket coverage as there are just too many unforseens to be able to list each and all variations. Much like 3rd Party cover for your car.

              But this isn’t compulsory third-party car insurance. I realise insurance (or lack thereof) is used as a dubious excuse to restrict people from eveything from overcrowded bars to bouncy castles. In this case, I guess you’d have to look at the policy and see what it says.  But, yes, I have heard of intruders into private property suing for damages when they injured themselves on something that was unsafe.  Or maybe that’s an urban myth.

              The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
              #67221
              Flame Tree (Qld)
              Flatchatter

                From QBE’s webpage: Liability insurance under your home policy protects you from liability if someone is accidentally injured in your home or if you or a family member accidentally injure someone outside your home under the contents cover. It also provides protection if you or a family member are liable for loss or damage to another person’s property. Ends.

                I think it’s safe to assume (but do so at your risk) that you are covered for most things unless specifically excluded, self-caused, or covered by another policy such as worker’s comp for tradies etc. Unless the Crooks, Burglars and Intruders Assn have their own policy I think they too would be covered as they would likely say they were a visitor who just popped in to say hi before anything else took place. But that might then change should they be convicted of a crime, much like insurance drops cover for drunk drivers if convicted etc. Or they payout the cost incurred by the policy holder but then go gunning for repayment from the thief.

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