- Jul 24, 2018
As dave pointed out above any business with public access has a legal responsibility to anybody on their site whether fishing or not ....... indeed it could be legally argued ( and has been successfully on occasion regarding other types of business) . Whether even there legally or not . The fact of the matter is many fisheries rely on the goodwill of anglers not to sue them . Some may even actually believe their own publicity regarding you using the facilities "at your own risk" . It most certainly is not at your own risk thats not what the law says and had Mick sued the fishery their feet wouldnt have touched . They would have had to pay full losses probably compensation and certainly legal expenses . This may have been covered by public liability insurance and if it was not in place the fishery ( if run as a company) or the fishery owner/s if it was a sole trader/partnership would become legally liable . luckily to the best of my knowledge incidents are generally of the type Mick descibes ... no laughing matter but not too serious ... and settled with a few quid "bung" usually way under the actual losses involved . However sooner or later somebody is going to be killed or maimed in such an incident and that is sadly what will wake up the industry because a claim then would run into hundreds of thousand maybe even millions. Best case scenario is the fishery was actually well maintained and public liability pay ...... but if its shown not to be ...... public liability will refuse to because part of their contract will state the fishery they cover will be obliged to maintain the premises in good order or the cover is void. In that case either the company or the owner becomes personally liable and in the majority of cases would face bankruptcy and in a blatent case of negligence could even face charges of manslaughter . The whole fishery safety thing is much more serious than it is taken which means sooner or later someone will pay a heavy price.