Joint and Several Liability At Events: Why “The Venue Is Insured” Won’t Save you

Ask any organiser who's run more than a handful of events and they'll tell you the same thing: something always breaks the script. A gazebo goes over in the wind, a guest trips on a cable, a fence panel gives way. Most of the time it's minor. Sometimes it isn't.
When it isn't, the first question is always the same. Who pays? And the answer under South African law is often less comforting than organisers assume. Joint and several liability means an injured party doesn't have to work out who's most at fault before they can claim. They can pursue any one of the parties involved in the event, including the organiser, for the full amount. That single legal fact undoes a lot of the informal risk-sharing that happens at events, where everyone quietly assumes someone else's insurance will pick up the tab.

In plain terms, if two or more parties contributed to a loss, the injured person doesn't have to sue each one for their "share." They can claim the whole amount from any one of them, and it's up to those parties to sort out who owes what to whom afterwards.

At an event, that group of potentially liable parties is usually wider than organisers expect. It can include:

• The organiser, who set the event in motion and carries overall responsibility for guest safety

• The venue owner, who controls the premises

• A sponsor, where their branding, structure or activation is part of what caused the harm

• A contractor or vendor, such as a stage-rigging company, a marquee supplier or a caterer

An injured guest, or their lawyer, will generally go after whichever party is easiest to reach, has the deepest pockets, or is the most straightforward to identify. That's frequently the organiser. Not because the organiser built the faulty barrier, but because the organiser's name is on the event, the tickets, the permit application and the marketing.

It's a common assumption on site: the venue has a policy, the contractor has a policy, so surely someone's covered. Two problems with that.

First, joint and several liability means the claimant isn't obligated to go after the "right" party first. If the venue's insurer disputes the claim, or the venue's limits are too low, or the contractor's cover excludes the specific activity involved, the claimant can simply turn to the organiser instead.

Second, other parties' policies are written to protect their interests, not the organiser's. A venue's public liability cover typically responds to claims arising from the state of the premises itself, not from a temporary structure a third-party contractor bolted together for one weekend. A sponsor's cover, if they have any at all, is unlikely to extend to guest injuries at an event they merely paid to have their logo on.

The Safety at Sports and Recreational Events Act (SASREA) places specific safety obligations on event organisers. Many municipalities and venues will not issue an event permit without proof of adequate liability cover in the organiser's own name. That requirement exists precisely because the law already expects the organiser to carry the risk, permit or no permit.

Picture a community sports day at a municipal sports field, organised by a local running club to raise funds for new equipment. The club hires a fencing contractor to install crowd barriers along the finish straight. Midway through the afternoon fun run, a barrier panel gives way under the weight of spectators leaning on it, and a guest is injured falling onto the track.

The contractor who installed the barrier has their own liability cover. So does the municipality, as owner of the sports field. The running club assumed, reasonably enough, that between those two parties, someone was covered.

In this hypothetical, the injured guest's attorney doesn't need to prove which of the three was most at fault before lodging a claim. They can pursue the running club directly, as event organiser, for the full amount. It's then up to the club, the contractor and the municipality to argue among themselves, and their insurers, about apportionment. That process takes time, and it happens after the club has already been named as a defendant.

This is a constructed example to illustrate how the principle plays out. It is not a description of an actual case or claim outcome.

A few situations come up again and again:

Vendors and subcontractors. A caterer's gas burner, a sound company's rigging, a fireworks supplier, each one is a separate business with its own risk. If their work causes harm and their own cover falls short, or excludes the activity, the organiser can still be pulled in. Your Security Company Isn't Automatically Insured covers a closely related gap: security companies are often assumed to be covered when they're not automatically included on an organiser's policy at all.

Sponsors and co-branded activations. A sponsor's branded photo wall, inflatable or sampling stand is sometimes set up and staffed by the sponsor's own team, outside the organiser's direct control, but still inside the organiser's event.

Multi-day and touring events. Each leg of a series can involve a different venue, a different set of local contractors and a different municipal permit. Relying on "last time's" arrangement to carry over is a common gap.

Venue cover limits. Even where a venue does carry public liability insurance, many venues set their own minimum requirement for organisers before granting a booking, commonly in the region of R5 million to R10 million. That figure reflects what the venue expects the organiser to carry, not what the venue itself provides.

Event liability cover, taken out in the organiser's own name, is designed to respond to claims arising from guest injury, third-party property damage or damage at the event, subject to the terms, conditions and exclusions of the policy.

A typical event liability policy can include:

   •  Public liability cover for guest injury and third-party property damage

   •  Cover for damage to the venue or its property

   • Cover for temporary structures, stages, marquees and rigging

   •  A vendor or subcontractor extension, bringing hired suppliers under the same policy

   •  Optional cancellation cover for postponement or a cut-short event

   •  Optional prize indemnity cover, where
      relevant

   •  Security company extension, added separately, since it isn't standard on most policies

Pricing for a single event is shaped by guest numbers, the nature of the activity and the venue itself, so cover is quoted per event rather than at a flat rate. How Much Event Liability Cover Do You Actually Need goes into how organisers typically work out the right level for their specific event.

Before booking a venue, it's worth checking exactly what proof of cover the venue actually wants to see. Send Proof of Cover - What Your Venue Actually Means unpacks what those requirements usually mean in practice.

This article is general information only, not legal or financial advice. Organisers should confirm their own position, including specific venue and permit requirements, and obtain a quote suited to their event.

The Big Event is a product of iTribe (Pty) Ltd, an authorised Financial Services Provider (FSP 49912). Cover is subject to the terms, conditions and exclusions of the policy.