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Money Moral Dilemma: Should I pay for my excess dust?

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  • taxing
    taxing Posts: 155 Forumite
    Exactly the point I was making.

    No matter how a few people on here want to admit it, there is legal precedence to the neighbour having a case for claiming damages if they can prove the dust damaged their car. Likewise the OP can in turn sue the builder if it can be found that they did not sufficiently mitigate the OP's risk.

    All the OP can do is wait for the neighbour's next move. Hosing the car off might be the best option (domestic hoses are rarely powerful enough to do any damage through pressure).

    To claim damages - or TORT under common law it is a duty of the aggrieved (the 'damaged person' )to MINIMISE their loss. What would the Court expect here - for him to have the sense to move his car out of 'harms way' if at all practicable - to COVER his car if at all possible - simply leaving it there unprotected after you realise the danger would not 'cut it' with any Judge. I rest my case m'Lord....:)
  • sluggy1967
    sluggy1967 Posts: 190 Forumite
    Tell him to get a bleedin' life! Jealousy is a very sad thing.
  • chommin
    chommin Posts: 22 Forumite
    He's been watching Judge Judy again.
    If he hasn't photos of the car before your works for comparison then tell him politely he can get it cleaned and polished for £5 or less even in London.
    His driving off should blow most of the dust off !!!
    Sarah x
  • if it hasn't already and that should take care of the problem, it's only dust!
  • The man's an idiot. He needs to cool down.

    1. Get a bucket of water.

    2. Throw it over him.
    :beer:
  • Did you inform your neighbour(s) before the event that you were having something messy done that would potentially affect their property or the enjoyment of their property?

    If no, pay what he wants, and hope that your other neighbours don't read this. While I don't believe you have a duty to inform them, nevertheless something you did - or got done - has inconvienienced/damaged their property. If they go to court they will probably win given a sympathetic judge. The contractors arn't liable as they were carrying out your instructions and shold have warned you about possible issues - if they didn't of course you could sue them; but most likely lose.

    If you did advise them then apologise, offer a fiver or a hose down. (Not a scrub as that may damage.)
  • Surely , the contractors carrying out the job would reasonably be expected to know that a lot of dust would be created when cutting flagstones - after all they do it every day . I think they should take reasonable precautions to prevent excessive dust causing problems to neighbours - or be liable for any damage .
    If you were having your house painted and the contractors splattered paint on your neighbour's car , the contractors would be liable for the damage not the householder ... it's just that dust travels further than paint ( usually ! )
  • lutzi1
    lutzi1 Posts: 2,703 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 12 August 2010 at 12:54PM
    As somebody who's had to sue their neighbour for harassment, (and won), I'd say that this kind of bizarre and controlling behaviour is absolutely par for the course - they all start somewhere, and it's often very petty. Photographing bizarre things is very common, in an attempt to support their imaginary grievances. Ignore this person as far as possible, and make sure you're always a reasonable neighbour in your behaviour to others. (I'm sure you are, but it's nice to have others who will testify for you if it becomes necessary in the future). Good luck!
    Hope is not a strategy.
  • Flatbat wrote: »
    Surely , the contractors carrying out the job would reasonably be expected to know that a lot of dust would be created when cutting flagstones - after all they do it every day . I think they should take reasonable precautions to prevent excessive dust causing problems to neighbours - or be liable for any damage .
    If you were having your house painted and the contractors splattered paint on your neighbour's car , the contractors would be liable for the damage not the householder ... it's just that dust travels further than paint ( usually ! )

    Agreed, but they would surely advise the client to move things out of the way and advise the client to notify their neighbours. That's what the contractors painting my house right now did. They have also offered (before anyone complains) to remove any paint spots, but I'm guessing that doesn't apply if you choose to ignore the advice. In this scenario the chap opposite may well leave his car in his drive all day, that's his perogative, but if he's not warned and comes home to it covered in gritty dust then it's somebodies job to put that right.
  • lutzi1
    lutzi1 Posts: 2,703 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    criochan wrote: »
    The man's an idiot. He needs to cool down.

    1. Get a bucket of water.

    2. Throw it over him.
    :beer:


    I love the sentiment, but then he really WILL have something to complain to the police about, and he's clearly somebody who loves to nurse a grievance. What winds these people up more than anything, (other than losing at court), is being ignored. Oh, and don't be surprised or feel intimidated if you get a solicitor's letter or some other response in due course - otherwise why was he taking the photos?
    Hope is not a strategy.
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