What it means to be civilly liable?
Understand Civil Liability coverage in all its forms.
Hello!
This is another #MondayBlog filled with interesting and fundamental information for audiovisual producers and event producers alike!
We decided to talk about CL, which is the abbreviation of Civil Liability, because in the last few months we've been talking about several DR (Miscellaneous Risks) coverage. So it's time to talk about this coverage, which is often mandatory in all branches of service provision.
In fact, it is very difficult for a company today not to have some form of CL coverage, because when we are exposed to the general public, whether selling or providing some type of service, there is a high possibility of causing unintentional damage to third parties, and consequently , to be sued in court. And you know, how costly both financially and emotionally is a lawsuit?
That's why seasoned entrepreneurs and business man have already learned that the cost of an CL policy is much cheaper than going through this entire process without insurance coverage.
Our intention today, dear reader, is not to make you sleep, but to give you interesting information, with clear examples, that will help you understand what this coverage is for, and its various facets.
So excuse us the legal ones, but let's simplify everything!
Are you ready to understand what civil liability is? Let's go!
What it means to be civilly liable?
This is the title of our post today and a question that must be answered before we present the various forms of RC that exist.
We talk a lot about civil liability, but do you know what it means to be liable? The person responsible is the one who is liable for his actions or those of others under his authority. It is someone, whether a natural person or a legal entity, who has the moral and/or material conditions to make commitments.
And that responsible, when assuming commitments, must be accountable to certain authorities.
Thus, civil liability is defined by Brazilian Civil Law as the duty to indemnify when there is a breach of an obligation existing between two parties. This indemnity obligation occurs due to the existence of guilt, which, as a consequence, generates the duty to indemnify.
In Brazil, there is both civil liability arising from fault and the absence of fault. And this is a topic for another post, as only Brazil has this particularity proposed in law since 1943.
The important thing for us is to understand the usual CL, arising from fault, as the insurer thus stipulates the right to indemnity. It is necessary that the fault factor be present, in CL claims, for the insurer to get involved. Remembering, of course, that the situation causing the damage must be properly covered in your insurance policy.
In other words, for a Civil Liability claim to be constituted, the person causing the damage, duly guilty, must be legally responsible for the damages. It is the duty of the insured to repair damage caused to another person, who suffered damage as a result of acts caused by him.
Remember the following: “Civil liability is the result of the relationship between DAMAGE and GUILT.
Civil liability is the result of the relationship between DAMAGE and GUILT
The sentence may sound complicated or even profound, but it's actually quite simple.
Here are some examples:
A doctor who refuses to see a patient, for example, is civilly liable if the patient dies as a result of this negligence. The damage here was the patient's death, and the fault is directed to the doctor's negligence in providing assistance, so there is civil liability. First with the doctor himself, for obvious reasons, and then with the hospital, who hired a professional who was unable to understand his duty in the hospital.
A producer when filming, forgot to warn that the corridor where the filming was taking place was slippery, in a certain hotel. A passerby, while passing through the corridor, during the break in the filming, slipped, hit his head and injured his hip.
The damage, although accidental, happened to the third party who did not know the condition of the corridor, the fault was of the producer who neither warned nor cleaned the place. So liability for sure.
At a music festival, in the food area, one of the food stands, when setting up its stand, destroyed the wall of the stand on the side. And it also damaged part of the kitchen of this neighboring stand, making it impossible to sell it that day at the event.
The damage was to the wall, the kitchen and the financial loss resulting from the accident. It was the fault of the booth that caused the whole accident. Clear and evident Civil Liability.
Was it a little clearer? We hope so.
Civil Liability in all its forms
Liability coverage is present in absolutely every branch. We at Prospecto are specialists in special risks, such as insurance for audiovisual productions and events. For that reason, let's focus on the Civil Liability coverages that exists in these branches in our chat today.
There is no reason for us to be extensive in our explanation, as we will cover these coverages in detail in the month of November, with real examples of claims. So today, let's summarize for you, the multiform performances of this strong coverage, affectionately called CL.
It is important to emphasize that the CL coverage works as layers of protection, which will gather around your risk, as specifics are informed, in such a way as to offer 100% protection for you.
In FILMS, the existing liabilities coverages are:
• Film Liability;
• Employer's Liability;
• Entrusted Property Liability;
• Land Vehicles at Production Service Liability; and
• Building Liability.
In DRONES, linked to filming and events, we have the coverage of:
• RETA – Civil Liability of the Operator or Air Carrier
In EVENTS the contractable coverages are:
• Organizer's Liability (Crossed Liability, Liabiity for Products, Moral Damage Liability, Installation and Assembly Liability, Supply of Drinks and Food Liability);
• Employer's Liability;
• Entrusted Property liability;
• Vehicle Guard liability;
• Fireworks Liability; and
• Land Vehicles Liability.
Not to mention other types of civil liability coverage, such as E&O and Professional Liability.
Are you ready to learn about ALL Liability coverages we operate?
It will be very interesting. And it won't be boring! Prospecto's promise to you!
Next week, we will share some claims that made the news in Brazil and around the world, but on the first of November, we will start our month of Civil Lianility, and we are certain that these information, tips and examples can save your financial life.
So don't miss it!
We're waiting for you for the next #MondayBlog.
Have a great week, lovers!
Prospecto Seguros
Learn more:
Drones
Errors and Omissions
Equipments
Audiovisual Production
Life and Personal Accidents