A cricket club in West Sussex have made the decision to ban their players from hitting for six, after complaints and claims by neighbors.
After numerous incidents of balls hitting cars, windows, sheds and roofs, residents near Brighton complained about damages caused by Southwick and Shoreham cricket club. And, as a very unique solution, the club produced a ban on hitting the ball over the boundary which would offer the highest score, six points.
This peculiar decision on behalf of the cricket club has made for popular reading. It’s said that players were warned by the club – the first six they hit would not score, and the second would mean they are out. Not only is this a long stretch away from the rulebook, it also significantly hampers the enjoyment of the sport.
The club’s argument was that they had to enforce this to try to reduce the number of incidents involving cricket balls and damages. They’ve had history with their neighbours, who have made many complaints, and so the directors have taken measures to save the club’s finances.
Veteran cricketers will know that a fair few cricket clubs around the country have brought in idiosyncratic rules to suit the unique features of their boundary line. Be it fallen trees, stone walls, or main roads; boundary lines are rarely regular.
As reported by people who have lived near cricket clubs, incidents have included smashed tiles off roofs, broken windows, garden fences hit, parked cars dented, cars hit when driving by the ground – the list is endless.
What is the process if a ball damages my property?
To learn more about the process involved in cricket ball damages and liability claims, we turned to Tommy Campbell, Account Manager at Club Insure.
Tommy has dealt with many public liability claims on behalf of sports clubs and social clubs, having seen every manner of claim and complaint, and also acts as a risk management advisor to clubs.
“Typically, if a ball goes out of the ground, be it a cricket ball or rugby ball, the insurance of the club will cover it. The process is similar to a car collision – the property owner would need to get in touch with their insurance provider. So that’s the home insurer for a smashed roof tiles, or the car insurer for dented side panel. The insurer would then get in contact with the club’s insurance provider.”
“Who handles the claim very much depends upon the policy that has been agreed. Many cricket clubs arrange their public liability through us at Club Insure, and so we would handle the claim and pay out. However some cricket clubs arrange their liability through the ECB, in which case the ECB would need to be contacted and have to deal with the claim.”
“As with many cricket ball claims, cricket clubs decide to pay out for the damages themselves. This is because the payments tend to be minor and it is not beneficial to have these claims recorded on an club’s insurance history. However I can see how these payments stack up and begin to have a greater effect on a club’s finances.”
Should cricket clubs have to pay for the damages of players hitting a six?
“It is the club’s responsibility to pay for damages. Whether the player who hit the ball and caused the damage is playing for the club’s team or for the opposition team, it is still the club’s responsibility. This applies to rugby clubs and football clubs also, any sport where a team is playing on the club’s property.”
Can a club insurance provider mitigate cricket club damages?
“If a cricket club uses a dedicated insurance broker, there have been known instances where insurance claims are mitigated. However, insurers rarely want to get into a legal battle over what is most likely a £500 claim, and therefore recommend it is settled.
“To mitigate a claim means that insurers will dismiss a claim, and not payout, or to not let the situation affect your claims history. Mitigation may happen because an insurer has reviewed the incident and argued that the club made every effort to protect against property damages due to hit balls, and therefore are not liable.”
“Cricket club are some of the oldest clubs, most are over a hundred years old – these risk mitigation measures are nothing new. Flying cricket balls should be a known issue for council members and neighbours. Communication is key between all parties to find a reasonable solution – preferably one that doesn’t affect the integrity of the sport.”
“It is far more likely that an insurer will recommend the claim to be settled and paid by the club. Clubs should always do their due diligence – recommendations insurers produce include putting up nets, and warning neighbours when matches are taking place. Nets often need to be 30 feet tall and be fitted around the perimeters of the cricket club. Nets can also be fitted to the window of neighbouring properties or attached to garden fences, however I understand how this could be rejected by property owners.”
“I have had issues with councils who have rejected the use of nets because of the aesthetic around the cricket club. So I urge cricket club owners to discuss with their councils how best to guard against flying balls. Furthermore, warn neighbours about upcoming matches ahead of time. This allows car owners to move their vehicles to a safer location.”
“Ultimately, if a cricket club performs all the risk management advice, and shows they are doing their due diligence, and no fault is found on the part of the club, insurers could mitigate claims. Clubs will forever receive complaints, whether its noise complaints or flying balls, so it’s crucial clubs have effective insurance in place, remain strong communicators, and use a trusted broker.”
“It definitely helps to have a dedicated broker on your side. At Club Insure we have built up relationships with insurers over 20 years, and I have seen every claim I thought possible. Contact myself or a colleague to learn more about effective cricket club insurance, and what can be done to reduce public liability claim payouts.”
