Public Liability

Kelly_Jones

Who is liable for the public liability, the land owner or the company who owns the mineral rights for the land?

dacouch

We would need more information to be able to give you an accurate answer

rs65

Kelly_Jones wrote: »

Who is liable for the public liability, the land owner or the company who owns the mineral rights for the land?

You usually take out PL cover for your own liabilities. A landowner has liabilities as a landowner. What liabilities does just owning mineral rights have?

Kelly_Jones

Thank you for your responses. I have an assignment and I am trying to do some additional research to find out that liabilities in the case.

So an estate owns some land and sells the mineral rights(MR) on it. A quarry company buy those rights. Then a trespasser had climbed over the quarry fence (8ft) in out of working hours and drowned in the gravel pit. I was just wondering who was liable for the public liability. Im finding it hard to get detailed information on the rights/liabilities between the owner and the MR owner.
Any help appreciated !

dacouch

It will be difficult for the executors of the estate to prove your negligence caused the death.

I assume the estate has an overall business insurance that includes property owners liability. If you have received a claim forward it on to your Insurers, they will have the relevant legal department who can ascertain whether or not you are liable and / or whether it is your policy or the quarry owners policy whom the claim should be dealt by

rs65

Kelly_Jones wrote: »

I was just wondering who was liable for the public liability. Im finding it hard to get detailed information on the rights/liabilities between the owner and the MR owner.

What about the quarry operator? Fence installer?

The question is who caused or contributed to the drowning.

Kelly_Jones

brilliant thanks again for the help !!

Nasqueron

In the sensible world the only person liable was the trespasser, sadly in blame culture Britain people sniff out £££

huckster

And the other complication is that mineral rights are owned by the crown ( government) and they might also have some liability under relevant legislation.

It is a minefield ! Not just a pun.

In any situation such as described, there would be a criminal inquiry by Police, Coroners, court cases etc. It would take years just to go through the official legal process and Insurers covering liability issues would not touch it with a bargepole until they had legal go ahead. Then it would take more years of legal arguments. You could be looking at more than 5 years before any outcome was finalised.