Any legal boffins out there ???

Bulky · 19-03-2004, 20:43

Today i took a trip to my local timber merchants and on returning to my car found that a large fence panel had fallen over and hit my car

, picking the fence panel up revealed a large dent and some large scratches to the wing of my car

, i went back into the shop to tell them behind the counter (one of the staff actually saw it hit my car) and they gave me the bosses number as he wasn't in, one of the other staff then told me that the same panel had fallen over in the morning and damaged one of their vans

(someone just propped the panel back up again and then it fell over and damaged mine

)

what i want to know is do i have a case for claiming for damage against the company or will i have to get it reapired myself, there are no 'leave car at your own risk' signs in the car park or anything like that, i wouldn't mind too much but my car hasn't got a scratch on it apart from this and it will significantly de-value the car

PLEASE HELP

ian@huth · 19-03-2004, 20:47

I would say that you would have a justifiable claim against them.

Most of the "leave the car at your own risk" signs have no legal value, especially if you cannot see the sign before you park.

Chris W · 19-03-2004, 20:50

pm me with as many details as you can... i am a 2nd year law student and i have done tort which covers negligence, i should be able to give you some advice.

It looks to me like you will have a claim, but i need as much information as possible.

hth

LostintheNW · 19-03-2004, 20:57

It doesn't matter if you can see the sign or not when you park, as long as the sign is there they are covered, they just have to prove the sign was there before anything happened to the car. ITs the same with signs saying a floor is slippery when wet - basically you park the car or walk on the floor at your own risk.

Seeing as there was no sign up in the car park, you can claim against them, but its best to get the person who saw it happen make a statement to this effect as well as stating that it had fallen over before and not been fixed - otherwise it can be seen as an accident and you may have to claim on your own car insurance.

luftys · 19-03-2004, 21:04

Quote:

Originally Posted by LostintheNW

it can be seen as an accident and you may have to claim on your own car insurance.

Not if it is on private land

danielf · 19-03-2004, 21:25

I would think that a sign 'park at your own risk' is completely void if your car is damaged due to their fault/their equipment. They would have a case if your car is broken into/damaged by a third party, but putting up a sign does not mean they are not responsible for damage caused by their negligence. In the extreme this would mean a company employee could accidentally drive a forklift into your car, and the company would not be accountable. I don't think it works this way.

Obviously, there is a limit to what is negligence (they don't have to stop car thieves/burglars), but seeing it's their fence, I'd think you have a strong case.

Steve H · 19-03-2004, 21:30

Quote:

Originally Posted by LostintheNW

...but its best to get the person who saw it happen make a statement to this effect as well as stating that it had fallen over before and not been fixed - otherwise it can be seen as an accident and you may have to claim on your own car insurance.

I very much doubt that the person who saw it, would make a statement against his boss. I'd get the damage checked out by a reputable garage, see what sort of costs it'd take to repair, then approach the 'boss' with the invoice, and see what he has to say.

Starsurfer · 19-03-2004, 22:01

I will ask my family, all lawyers, sister,dad, mum everyone

Starsurfer · 19-03-2004, 22:08

Yes, they can be held responsible, under taught(sp) damages can be claimed and neglance. Firstly it came of their property as you went into THEIR store you are their customer thus they can be held responsible and because they knew it was broken they are responsible for the gate.

Bulky · 22-03-2004, 19:32

thanx for your help

, i have been to see the 'boss' and he has agreed to pay for the damage to my car

, he said he had rang the insurance company and it was classed as an act of god

but then after a few quotes from the help i had been given he soon backed down

, you wouldn't believe it but on the saturday (my car was damaged on the Friday) at the same company in the same parking space i was in a large sign was ripped off the wall by the wind and it went straight through one of the staffs windscreen, damaging the roof and the bonnet as well

, just glad i wasn't parked that day