DISCUSSIONS

Find the answers to many of your expat questions here

View Latest Posts

You're missing out...

As a member you can enjoy exclusive info and offers.

REGISTER NOW

Public liability

Posted by northmoorpaul - Created: 9 years ago
0 0
Sorry no image available

6 replies (Showing replies: 1 to 6)

Sorry no image available
Posted by Nigel Howarth - 9 years ago

Hi Johnners & Paul,

It could well be a legal bombshell waiting to explode - as for what a court in Cyprus would do if such a case were to be brought before it, I cannot say.

There are companies here that will provide public liability cover as part of an overall common area insurance policy - and it would be up to the owners to get the Management Committee to take this on board. If the Committee refused, then perhaps a letter from the owners to the Committee absolving them (the owners) from any claims made by individuals who injure themselves in the common areas and that the Committee is responsible may do the trick.

But then I can imagine situations where the owner of an apartment mops down the stairs, which would be part of the common area, and then someone slips on the wet stairs and injures themselves. In this case, I guess the person who mopped the stairs would be liable.

I think you'll need to take legal advice on this to get the correct form of words.

Regards,

Nigel


Sorry no image available
Posted by johnners-660966 - 9 years ago

Hi Paul,

Whether it's a shared owner or a visitor who has an accident they could look for compensation (Where there's blame there's a claim culture)

I can only speak of how it works in the UK so, until we know otherwise, lets assume Cypriot law follows suit: If you are the owner or share ownership the onus is on those people (as Nigel pointed out this could be a Management Committee or similar) to keep everywhere as safe as possible. If you knowingly ignore the situation then you/they are culpable. The law in simple terms looks at A: Who had the accident? (irrespective of who they are) B: Was there negligence? C: Was everything done to minimise the risk?

Personally I would want to get this sorted and things confirmed in writing for all people on the development. When I was working fulltime in the UK I had to carry public liability insurance of £5 million to cover eventualities like this. Never had a claim against me and I certainly don't miss the hassle of the planning meetings for large outside broadcasts. Other people do that for me now :-)

** If anyother Angloinfo users can shed light on this section of Cypriot law please post the information. I'm sure it will help others in similar developments to Paul's **

Johnners

Sorry no image available
Posted by northmoorpaul - 9 years ago

Thanks to you both for your replies. I am talking of a small development of houses that are owner occupied for the most part. I think that you have a point Nigel, a management committee may have insurance but there is a possibility that public liabilty insurance would be necessary if people who were not shared owners were using the facilities. I wonder if any accident occurs (say from tripping on an uneven surface) would the owners be jointly liable if a case for damages was put forward or would the management committee be liable?

Sorry no image available
Posted by johnners-660966 - 9 years ago

Hi Nigel,

This sounds like a legal bombshell waiting to go off.

Now Paul is aware of the situation what is his next step?

When I was working full time in the UK* once you were aware of something like this you had a responsibility to make sure the necessary people were informed and paperwork in place. In theory if something did happen and I hadn't acted upon the information, I could have been drawn into the legal case for neglect. Is that the situation here in Cyprus?

Johnners

* I was involved in temporary structures, lighting and camera towers etc, so not bricks and mortar like apartments and houses.

Sorry no image available
Posted by Nigel Howarth - 9 years ago

Hi Paul,

The responsibility for insuring, maintaining, cleaning, etc. the common areas of your development rests with the Management Committee. If people injure themselves, it is the Management Committee they will look to.

But although the Management Committee is legally obliged to ensure that the common areas are insured against earthquake, fire, flood, etc., there is no legal obligation for them to have public liability insurance, which in this increasingly litigious society could be a problem.

Regards,

Nigel

Sorry no image available
Posted by johnners-660966 - 9 years ago

Hi Paul,

I think you need to check the terms & conditions in your contract (whether you've bought or are renting)

Johnners