Question of liability

The qualification isn't as important as you would first think.

Being the most experienced etc etc is actually the thing that gives you a duty of care  not the paper.

I think

Edited to say that actually I'm not clear what your question is.  Can you clarify?

It's ambiguously worded

You will have a duty of care as we all do - and that is higher if you have special knowledge.  But so long as you act as anyone with that level of knowledge would be reasonably expected to then you are safe from any particular liability

Same as me as a nurse doing first aid.  I am expected to have the level of skills of a competent nurse - but I am not expected to have the level of skills as an experienced paramedic.  so I would be judged higher than a lay person but still allowed to make reasonable mistakes

I think you’ve hit the nail on the head. The qualification just demonstrates that you can operate at x level.
Taking anyone beyond that requires a duty of care that is shown not just by a qualification but the competency to do it.
That said many do the same without the requisite skills

Does that present a liability problem with a non paying person as I’m operating outside of professional remit?

As others have said, look at this as a duty of care. If you act within Risk Assessments, Industry Norms and the remit of your qualification (if held), then you will a) have great, safe time and b) have nothing to fear as you've met your duty of care.

Exceed Risk Assessment, Industry Norms or any held qualifications, and should you harm someone it can come back to bite.

If you're doing a qualification this should be covered on the course and clear.

If you want insurance, look up Activities Mutual and Birnbeck insurance. Other insurers also exist.

(Ex CI at outdoor centre, current COO for national outdoor learning charity, write and lead courses for teachers and heads in risk management, and have unfortunately been up close and personal with a teenage fatality and following legal proceedings).

so let me get this right... It  is going out with mates and having a laugh and giggles and this requires insurance now 🫤

It  is going out with mates and having a laugh and giggles and this requires insurance now

No.

Likely there's a market for "my mate's a liability" insurance.

I take friends and occasional colleagues out on the lakes and teach them a bit of paddleboarding

this doesn’t seem like some mates going out together but maybe I’m reading it wrong

Does that present a liability problem with a non paying person as I’m operating outside of professional remit?

Paddlesport qualis aren't strictly professional qualifications though so I see no reason you'd be outside them. All sorts of people hold them and many don't use them for paid work.  It may increase your DoC and if you were found to be operating outside the remit of your qualis and an incident occur it would make for some more challenging discussions but still would not be unreasonable.

It sounds like the question you're asking is "I'm concerned that my friends might sue me if there's a problem when we're on the water", in which case they're not your friends. Given this I wouldn't bother with public liability insurance and ask them to find someone else to teach them.

If a friend is sufficiently seriously injured it might not be up to them as to who gets sued. However if you're not taking money for the lessons and not doing anything more than just showing the ropes to a few mates, I'd expect you should be covered under your personal liability cover from any household insurance. That was the conclusion I reached when doing some chainsawing for friends. Similar issue arises with the very common issue of taking passengers in your car, you can take a bit of petrol money or take turns driving each other but not do it on a profit-making basis without extra insurance.

As others have said, look at this as a duty of care. If you act within Risk Assessments, Industry Norms and the remit of your qualification (if held), then you will a) have great, safe time and b) have nothing to fear as you’ve met your duty of care.

Are you saying you need to complete a risk assessment for informally teaching friends how to perform an activity?

How would he know the "Industry Norms" if he isn't operating in that industry?

It sounds like the question you’re asking is “I’m concerned that my friends might sue me if there’s a problem when we’re on the water”, in which case they’re not your friends.

As thecaptain has said, it's not necessarily their decision.

Hypothetical but; your friend is a self employed electrician. He has an accident and can't work for 12 weeks. He claims on his self employment cover and insurance company asks for details. Turns out he was on a 'semi organised' activity where the leader holds a professional qualification. Plumber's insurer sniffs a potential liability and decides to sue, requiring the plumber to support them with detail and evidence as appropriate.

I think most reasonable folks would hope at least that the insurer or potentially a judge if it got that far would decide there was no liability beyond duty of care but as a mate does he just agree to forego making a claim and suck up the loss of earnings in case the above happened?

Even if it only got to the exchange of a few solicitor's letters and an investigation to liabilities, could be stressful and potentially costly.

I don’t think anyone is trying to discourage people from bringing people into paddle sports. However most people who paddle know of tragic events which were avoidable including the recent paddle board weir incident.

The difference for me is am I going out with mates to paddle a river. I might learn from them, they might learn from me (unlikely) but we are equal. I do my own risk assessments and if I’m not happy walk round. That’s different from saying come with me and I will teach you.
<span style="font-size: 0.8rem;">
I think if you don’t know the “Industry Norms” you shouldn’t be teaching people in that </span><span style="font-size: 0.8rem;">industry. I’ve been paddling for +40 years but wouldn’t run a course as have no knowledge of how to safely do that.</span>

Best source I found on this topic when I looked into it was from the British Mountaineering Council and their duty of care statement / risk statement. Download here: https://www.thebmc.co.uk/Download.aspx%3Fid%3D385&ved=2ahUKEwj_5t_5r5D9AhUIiVwKHWWXDLYQFnoECAgQAQ&usg=AOvVaw2bqeBwo_7xYi-2i3Fgm0W t">BMC Risk and Participation

Essentially, "it depends", but clearly something worthwhile thinking about if there is a difference in ability between people taking part. I'd also be extra extra careful about anything involving kids, too.

How would he know the “Industry Norms” if he isn’t operating in that industry?

Common sense: being in a bay, on a calmer day, using typical kit = even the average 'person in the street' can see this as normal. Heading down a swollen, flooding river directly over a large weir you know about but have never checked out properly with a group = the average 'person in the street' can understand that's not taking care

Are you saying you need to complete a risk assessment for informally teaching friends how to perform an activity?

With mates / family / friends this is is in your head. 'ooh, I was going paddling, but storm Desmond is blowing across the bay, I'll go to the cafe ' level. Not written.

If a friend is sufficiently seriously injured it might not be up to them as to who gets sued.

While that's true, it does go through a legal process and there is much precedent for a court saying saying either as a professional you're within Risk Assessment and Industry Norms, so no case to answer/shit happens. Or 'person in the street can understand that reasonable decisions were made/shit happens at times'.

It sounds like the question you’re asking is “I’m concerned that my friends might sue me if there’s a problem when we’re on the water”, in which case they’re not your friends. Given this I wouldn’t bother with public liability insurance and ask them to find someone else to teach them.

Ita not the friends that would be the issue, it's their insurers. Say someone suffers a life changing injury, and has insurance. Their insurer will pursue anyone they think they have a chance of suing to recoup their money, which could be you if they think they can prove you were somehow could be shown to be operating in a professional capacity.