Legal duty of a caravan site
Hi All,
Just a quick question regarding the legal responsibility of the owners of a caravan site to its customers. We've just booked a commercial site in Anglesey for a few nights. On their booking form it states that the site owners have no responsibility to its customers for any loss, damage or theft from any person or vehicle "however caused". Out of interest would this stand up in a court of law? I was under the impression that if people are on someones property & have paid to do so then the land owner has a legal duty to its customers.
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You need someone with expertise in this field to answer that, FB.
My guess, and it’s only that, is that the site owner would have no liability in regard to the specifics you mention providing it could be shown that he had taken reasonable steps to prevent such occurrences. For example, if boundary fences were secure, barriers were in place at the entrance, lighting and cctv were in place etc. It’s one reason we have insurance to cover the eventualities of theft and the like.
Liability in respect of H&S matters, gas and electric regs and so on would be a different matter altogether.
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Of course they have a legal duty in respect of certain aspects, especially if it involves health and safety but they cannot be held responsible for everything that happens. A person may leave their caravan or motorhome unlocked and have something stolen so why should the site be responsible for that?
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The simple answer is it wouldn't stand up in law. Nobody can waive their legal obligations away by simply putting up a sign. They, like everyone else, has a common law duty of care to anybody else that comes onto their property.
Supermarkets always have these signs but if you tripped over a broken kerb on your way into the store on their property then you could sue them, otherwise why would they bother taking out Public Liability insurance?
The same principle applies to campsites.
I would add though that your OP merely states theft from person or vehicles. It would be hard to think of a circumstance where they would be responsible for you not locking your car. If they were a valeting service and took your car keys to do the job and then forgot to lock it then that would be different.
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On their booking form it states that the site owners have no responsibility to its customers for any loss, damage or theft from any person or vehicle "however caused"
Campsites would have a duty of care to their customers to provide a safe environment and to ensure their own staff work in a safe way so as not to put customers in danger. However you specifically mention theft which, personally, I feel falls outside of that remit. Also isn't that the reason we have insurance? Is the Club responsible for a bike being stolen from Clumber Park as they warn members of the danger of thefts. They do provide secure storage so if you decide not to use that who should take the blame? Perhaps the site has been subject to petty theft of items like water containers etc. If you are really concerned about it perhaps ring the site as they may be able to give you some background.
David
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If you were shopping in Tesco and later noticed your wallet was missing, would you hold Tesco responsible for the theft or loss. Being on someones property by invitation means they have to ensure your safety, and of your property as far as is practicable, if they have done this then they have complied.
That's my take (guess) on it, but I'm sure we have some experts that will be along in a minute.
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Of course I wouldn't expect the site owners to recompense me if I had something stolen. Here is what the booking form says verbatim.
"We do not accept any liability of any description for any person or vehicle using the site. We are not responsible for the loss, theft or damage to any property on the site"
The 2nd half of the statement saying they are not responsible for any theft I'd think was reasonable. But the 1st part saying "We do not accept any liability of any description for any person or vehicle using the site" is surely wrong.
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I see you've already booked, FB, but if you're not happy is there any chance of cancelling and going to one of the club sites instead, or will that incur a financial penalty?
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Standard clause. You would be expected to claim on your insurance not the site's. Wherenext provides a succinct explanation which fits with my thoughts. For a definitive answer to your personal circumstances, might be worth asking your insurer.
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The 2nd half of the statement saying they are not responsible for any theft I'd think was reasonable. But the 1st part saying "We do not accept any liability of any description for any person or vehicle using the site" is surely wrong.
All they are saying, in effect is, that they do not automatically assume liability. For example you may be hit by a run away aquaroll and that would not be the site owners fault even if there was a steep gradient by the water taps.
If the site owner is shown to be liable (eg site tractor strikes you or your possessions) then they can be shown to be liable.
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I agree with WN. You stated theft and damage as your concern in your OP but now say you accept that.
End of, really.
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