Pavement Damage- who is liable?

dottiepeas

Hello,

We are currently renovating our house! And noticed this morning, a dip in the pavement outside our front garden. We think it was caused by the skip lorry, which may have damaged the pavement, when they were collecting the skip.

Do I call the local council l to ask them to fix the pavement?...(and pay for it ourselves) or do we find someone privately ourselves to fix the pavement? It's not a massive dip (about 25cm wide), and wouldn't think anyone would hurt themselves, but you never know!

Any info would be much appreciated!

Thanks!

Cavan28

Im a transport manager for a construction company and we run a large fleet of tipper and 'grab' lorries for builders merchants. I have had several customers ring me over the years regarding damage to pavement etc.

I make a point of visiting site and assessing the situation and damage. If we are at fault we pay.

My advice to you ........ ring the skip company and ask for the transport manager. Tell him his lorry has damaged the pavement and you want it sorted. With a bit of luck he will oblige or at least come and look at it.

If you have a delivery/collection note then look at the back of it. There are usually terms and conditions on it. It might state somewhere in there that they are not liable for damaged caused on collection. Check that first before ringing the transport manager.

Good Luck!

ormus

most companies will not accept liability. its usually in their TCs.
you as the householder and employing the contractor, take the blame.
maybe your home insurance will help? (i doubt it though).

dottiepeas

Thanks for your replies!

But the skip was not hired out directly by ourselves. We have a flooring company in, who hired the skip. (to repair the concrete floor in the house for us). So I'm assuming the flooring company we have used, should be responsible for repairing the pavement? (or for them to sort it out with the skip hire place they used?) As the contract would have been between themselves.

Would rather not have to pay out for damage caused by someone else!..but I can see that they also would not want to be liable! ....

Hmm, tricky one! Especially as I don't know how much it will cost to fix pavements! If it was a couple of hundred pounds, we could pay that, (don't want to upset the neighbours too much!) but would worry if it will cost in to the thousands!!

Chippy_Minton_2

ormus wrote: »

most companies will not accept liability. its usually in their TCs.

Technically it’s a road traffic collision if it’s on the public footpath. If someone saw them do it they would have to accept the fact and put right the damage.

Mojisola

dottiepeas wrote: »

Hmm, tricky one! Especially as I don't know how much it will cost to fix pavements! If it was a couple of hundred pounds, we could pay that, (don't want to upset the neighbours too much!) but would worry if it will cost in to the thousands!!

You won't be allowed to just fix it yourself. The council will have a list of contractors they permit to work on the pavements, eg putting in dropped kerbs. These firms have been vetted and have to guarantee their work for a set number of years.

Kiran

The contractor has to be New Road and Street Works certified to do work on the public highway. You can get in your own company provided that they are accredited ut your first port of call should be the contractor who employed the skip company.

macman

I had the same issue. I just reported it to the LA as a damaged pavement. They came out and replaced the broken slabs within 2 days. End of story.