WA Private gym/ public liability

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Geordiebloke

Member
3 June 2023
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Hi,

Forgive my ignorance, but I was after some advice regarding my situation.
I live in a small town in regional WA and the local shire has kindly given myself and my work colleagues (approx 7 of us) access to a previously unused squash court/building
we do not pay for access to the building, which we use for playing squash and martial arts/fitness training.
At this moment in time, it is only my work colleuges and shire staff who have access to the building and potentially the fitness equipment which is used (weights/boxing bags etc)
There is of course, the potential that other members of the community will be given access to the squash building and all the equipment that we have installed in due course.
My question/concern is that, if anyone (not myself/work collegues) are injured through non supervised use of the equipment we have installed in the building, could we be liable for damages?
This is not a commercial venture and at this stage access to the equipment is very limited, but future access to other members of the community would be good...if practical
With this in mind, would it be advisable to get some public liability insurance, or is it likely that the local shire would already have insurance for this kind of situation?
Thanks in advance.
 

Tim W

Lawyer
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28 April 2014
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My question/concern is that, if anyone (not myself/work collegues) are injured through non supervised use of the equipment we have installed in the building, could we be liable for damages?
Yes.
And yes, get your own PLI. The Council's insurance will almost certainly not cover you.
 

Geordiebloke

Member
3 June 2023
4
0
1
Yes.
And yes, get your own PLI. The Council's insurance will almost certainly not cover you.
With this in mind, would a signed disclaimer, or posters/signs stating "use at your own risk" remove liability?

This is an area that has limited access and there is no envisaged permission to use equipment down the track..........rather an acceptance that it would be difficult, if not impossible to prevent people using the equipment, once access to the building is increased.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,943
820
2,894
Sydney
....the potential that other members of the community will be given access..."
Given access by whom?
You don't have exclusive use of the premises?

With this in mind, would a signed disclaimer, or posters/signs stating "use at your own risk" remove liability?
This is an area that has limited access and there is no envisaged permission to use equipment down the track..........rather an acceptance that it would be difficult, if not impossible to prevent people using the equipment, once access to the building is increased.
No. Signs are mostly bluff, really.
Further, disclaimers and waivers (eg signed forms) contemplate some sort of conditional permission to use the equipment.
That's the opposite of what you actually want. You want it left alone when you're not there to use it.

Your solution is more likely to be something like wholly prohibiting the use of the gear (yes, that can be a sign).
And/or to secure it do that it can't used, even by people who ignore (or cannot actually read) the sign.
 

Geordiebloke

Member
3 June 2023
4
0
1
Given access by whom?
You don't have exclusive use of the premises?

No. Signs are mostly bluff, really.
Further, disclaimers and waivers (eg signed forms) contemplate some sort of conditional permission to use the equipment.
That's the opposite of what you actually want. You want it left alone when you're not there to use it.

Your solution is more likely to be something like wholly prohibiting the use of the gear (yes, that can be a sign).
And/or to secure it do that it can't used, even by people who ignore (or cannot actually read) the sign.
Thanks again for the input

Basically, as things stand, only myself and work colleagues have access/keys to the building. In order to get access free of charge to this, otherwise unused and slightly rundown squash building, we have stated that we would run community squash events and allow community members to get involved in a small BJJ group we have set up (all free of charge obviously) The fitness/boxing equipment, is simply utilising additional space available, but it would be very difficult to lock this away when we are not present.
I have no issue with people safely using the equipment, just want to avoid anyone hurting themselves, then blaming us for the situation...