Casualty

Get expert advice on casualty claims from one of the country's leading insurance law teams

We know that casualty claims can be costly and a source of concern and inconvenience. Led by Peter Forshaw, our specialist team of casualty lawyers has been successfully defending civil claims against commercial and municipal organisations and their insurers for many years.

Our expert lawyers have extensive technical expertise and experience in every aspect of public liability and employers' liability law.

Our clients

Our insurer clients include top names such as AXA XL, Zurich, AIG, HDI, Hiscox, Markel, Tokio Marine HCC, and Protector in addition to our role directly representing and advising over 1,500+ blue chip corporates, 350+ local authorities and 25 police forces. Our results maximise repudiation rates whilst minimising indemnity spend, placing us as best in class on many of our client’s legal panels for casualty claims.

Our expertise

We handle the full spectrum of personal injury and other disputes falling under a casualty policy, from incident occurrence, claim inception or upon receipt of formal proceedings, in respect of claims involving adults, infants, vulnerable claimants and group actions including:

Volume EL/PL cases to high value claims
Full range of short and long tail occupational disease claims, including NIHL, HAVS, occupational stress, all respiratory diseases and asbestos-related diseases
Complex catastrophic loss cases (such as amputation, brain injury, chronic pain and spinal injury/paralysis)
Product liability claims (defective product, product compliance, coverage issues and acting as coverage counsel)
Subrogated recoveries
Claims for indemnity or contribution from third parties
Regulatory – representing individuals, directors and companies in preparing for HSE investigations and PACE interviews before regulatory authorities.

Our sector experience in the UK and across the globe

Our experience covers a wide variety of sectors and environments, including construction sites, utility facilities, factories, ports, retail, leisure and entertainment premises, highways, parks and other natural land, depots, vehicles, sporting and equestrian facilities, social housing and domestic properties (both tenanted and owner-occupied). We advise on the interpretation of the relevant statutory provisions and frequently deal with liability under principles of common law negligence.

With clients including employers and others with control over premises, our expertise includes the interpretation of contractual indemnities and the pursuit of Part 20 claims for contribution or indemnity from others. We also provide a ‘gatekeeper’ claims handling service on international matters through our international network ILG and other approved agent across the globe.

Our approach

We combine our technical expertise with technology interacting with the various industry claims portals to deliver demonstrable benefits for our clients. Whatever the matter, we deliver clear, informed advice at the earliest stage of every claim, enabling you to quickly assess whether it should be brought to trial or settled. At the same time, our supportive commercial approach, strategic expertise and incisive negotiation skills can help to defend claims which should be repudiated, reduce your overall legal spend, and help you protect your brand and avoid future claims through practical risk management and best practice advice.

Work examples

Successfully acted in the EL policy 'trigger litigation' in the supreme court.
Employers' liability claim defending a business sued by an employee injured while handling work equipment.
Employer’s liability claim arising from trip over defective guarding and fall down lift shaft
Public liability claim on behalf of a principal contractor, where an individual was injured by falling machinery during installation.
Public liability claim defending letting agents following an alleged injury sustained by a tenant of a managed property.
Public liability claim for a client in a construction project, where an individual was injured after falling through a hole in the premises.
Public liability claim relating to property damage sustained to a vehicle at a retail forecourt
Public liability claim following injury to a worker caused by a horse at a riding stables.
Public liability claim for an event organiser following an injury suffered by a rider at a competition.
Employers' liability claim following injury to an employee stevedore working at a port.
Employers' liability claim defending an action by an individual injured while working for a tree surgeon.
Employer’s liability claim arising from an employee becoming trapped in machinery
Employers' liability claim concerning sensitisation to epoxy allegedly while working on site.

Who needs casualty insurance?

Public liability insurance is optional but desirable for any organisation or occupier of premises. If a third party contractor or visitor to your premises is injured and validly makes a successful claim against you, , the entirety of the damages and costs will be payable directly without any insurance cover in place.

Generally speaking, it is compulsory under the Employers’ Liability (Compulsory Insurance) Act 1969 for employers to have employers’ liability insurance for not less than £5million cover provided by an authorised insurer covering those who have entered in to or works under a contract of service of apprenticeship. There are certain exemptions. The current certificate of insurance must be displayed in every premises in which the insured work is conducted. The certificate of insurance must be retained for a minimum of 40 years and it is a criminal offence, punishable by a fine, to fail to have EL insurance in place and displayed.

When must I notify my insurers once an incident occurs?

The reporting requirements under your policy of insurance will depend on the precise terms of your policy and it is therefore important that you review these carefully. Some policies will require you to notify your insurer as soon as an incident occurs which is liable to give rise to a claim. Other policies require you to notify upon receipt of a formal claim. Conversely you may be required to notify all incidents. If in doubt you should seek clarification from your broker and insurer.

As an employer, surely I can only be liable for incidents which happen to my employees, in my premises?

Unfortunately not. At common law and under statutory regulation, you can be liable for injuries suffered by your employees even if they work in the premises of others as you have a non-delegable duty towards them. Equally, you can be liable for persons who are not your employees who may be injured whilst visiting premises over which you have some control.

How can I prevent claims occurring?

The obvious answer is to prevent accidents from happening. This will often be through comprehensive and regular risk assessing, and implementation of adequate control measures against each and every risk identified. Such measures will include a combination of workplace design and appropriate segregation, regular inspection and maintenance of the workplace and work equipment, training, provision and availability of protective equipment, and the operation of effective HR policies, all supported by effective record keeping and version control. Weightmans operates a range of courses on claims defensibility so please get in touch if you would like more help.

Can casualty insurance be customised to suit business needs?

Insurers generally operate standard EL/PL wordings but that wording will often differ between insurers and over time. The policy schedule attached to an insurance policy will outline the cover provided under a policy, the length of cover and the relevant limits and sums insured. The schedule will also include the nature of the works carried out, the size and location of the employees covered, and the number/types of businesses insured as well as any specific endorsements or exclusions which will relate to the organisation insured. Some companies seek policies of insurance extending beyond a year, whilst others will choose to self-insure for claims up to a particular amount – these issues are business decisions for organisations seeking insurance cover and are matters to be discussed with your broker and/or your insurer of choice.

Frequently asked questions

What our clients say

I have been using Weightmans for a number of years as our trusted panel law firm in assisting us with defending personal injury litigation. They offer a pro-active and responsive partnership to guide you through complex issues, such as civil procedure and legal liability. I can always rely on Weightmans to act as a safe pair of hands in steering difficult cases towards a satisfactory conclusion.
Casualty Insurer
Over many years we have built a very successful relationship with Weightmans. Their casualty team, led by Peter Forshaw, consistently demonstrate a high level of expertise in dealing with both EL, PL & product liability claims. We very much appreciate the help & advice that they have provided over many years.
Global food manufacturer