Car window smashed by pub tree - are they liable?

bod1467

Off-topic at s b

Join Date: May 2011
Posts: 1,337

/geek :rotfl:

chunkychocky

If you hit a stationary object, it can never be the fault of the other party. A few years back in storms a tree fell and crushed DHs car while he was driving (luckily the only bit not completely caved in was the bit exactly where he was sitting). The insurance companies (DHs car insurance and the Household insurance of the people who owned the tree) settled it as being the fault of DH! So even when a tree jumps out and lands on your car it is still your fault.

marywooyeah

bod1467 wrote: »

Off-topic at s b



/geek :rotfl:

what's the point of this?
OP I really don't see how you not seeing something which you reversed into being someone else's fault.

effingpot

The logic is that a provided parking space should be a space a car can fit into without taking a window out.
Same as any purchased item needing to be "fit for purpose".
Myself and my two kids were looking into the space as we reversed into it and none of us could see the branch.
If a car cannot safely reverse into the space you could argue it is not "fit for purpose" or equivalent.
Of course you could argue it is my "fault" however I would expect a parking space to be suitable for parking in.
Anyway glad to see I've sparked an interesting debate.
Anyone actually know?
thanks
Mike

arcon5

Anybody know what? If they are liable? The only way to know 100% is to go to court -- however you would need to prove they have been negligent, which I don't see they have since you reversed into the object.

There isn't much of a debate, a bunch of people agreeing your liable for your own actions and one person spouting rubbish.

CharlieBilly

Sue the tree

Timalay

CharlieBilly wrote: »

Sue the tree

Well money is made from paper, paper is made from trees. So they would be.

s_b

using an act of god ie tree jumping out is not a good argument im afraid
2 years ago in strong winds next doors gate badly damaged my car
i claimed of house owners insurance
everyone including houseowner said act of god
i argued negligence
i won before it went to court

so you back room know nothings can say what you want but if that tree had done that damage to my car and i was invited into the space to use the owners facilities i would be looking for compensation

and trust me i hate this no claim blame culture but this is clear cut (or not in the case of the branch) obviously person who cut the tree is also to blame because they too were negligent in not trimming back enough

LMCD

to avoid courts n solicitors n insurance companies maybe the tree can go to its local branch and lift the money to cover the costs.. teehee..


on a serious note - i reversed into a wall once, it was one of em little ones that are about shin high.. I was actually embarrassed n never mentioned it again!

Esqui

Whether they are liable or not, the pub might have some nice lawyers and...wait, do they exist?

You might get something out of goodwill, with no liability assumed. The fact that the pub are talking to their lawyers and haven't told you to get stuffed and look where you're going means they are taking it seriously. But as arcon5 says, the only way to know for sure is for a court to decide.