Damage caused by Tree surgeons

amandamilner

Last Autumn (october 2011) we had some branches cut off a tree at the back of our garden. The tree is right against a neighbouring fence. We got some tree surgeons / gardeners to do this. In doing so, they used our metal flat roof shed near the tree as a platform and allowed the branches to fall on to the shed.
Obviously winter came and went (only about a weeks ago!) so we havent been in the shed but when we did, we found that everything inside is soaked and the shed has been leaking, the ply floor is full of rot and mould. The shed is not supposed to have people standing on the roof. The metal sheet seams on the roof have been warped by the tree surgeons' weight, thus making them no longer water tight.
In all the years the shed has been there, it has never leaked.
We now have to get this fixed / replaced, and have had to buy a gazebo to store the shed contents in until then.
Can we claim for the fixing of the shed from the tree surgeon? What are our rights? He has insurance surely for this? Thanks!

Kyrae

If you thought him standing on the roof may have damaged it, then you probably should have checked at the time and complained right away about any damage. Not sure how likely they'd be to pay any compensation now, 10 months later, when the damage could have been caused by winter weather or heavy summer rain, etc. Sorry

Davesnave

You want to argue that they had a duty of care, which they did not exercise. Fair enough.

They will say you also had a duty to report the damage within a reasonable time, as almost anything could have happened to the shed between last autumn & now.

"Obviously winter came and went (only about a weeks ago!) so we havent been in the shed...."

That's not obvious to most people! Ive been in my shed several times in every week since last November, so if it had been leaking I'd have had ample to deal with it. On the other hand, by not inspecting your shed, you have not taken reasonable steps to minimise the damage you believe the workmen caused.

Short answer: Yes, reputable tree surgeons are insured, but you have virtually no chance of claiming against this one.

I'm doubtful they were that reputable, however, if they let branches fall on any outbuilding.

blossomhill_2

Hi OP
He won't have insurance for this

Any contractor is expected (ie required by law) to plan to do work in a safe way, especially if they are working at height. Any assessment of the shed as a working platform would have shown it to be unsuitable and they should have worked on a platform above it or found another safe way to work without stepping on it

The fact that this contractor didn't do this proves they are not reputable and you will have to put it down to experience. Had you raised it with them at the time they might have put it right. It is now your word against theirs

You actually have to be sure that anyone you employ is planning to work safely, although many householders take a chance and think the contractor knows what they are doing

NeverInDebt

It wasnt this guy was it?

http://www.dailymail.co.uk/news/article-2179307/Barking-Gardener-fined-6-000-neighbour-snapped-perched-treetop-holding-chainsaw.html

amandamilner

Thanks everyone, I thought it would probably be too late to do anything. We dont use our garden really so never go into the shed. Luckily the electric equipment in there hasnt been ruined, just the shed and floor. He is reputable but he obviously got 'hi guys' to do the work.
Thanks for your help, we might try and see how far we get, but as u say, I doubt it!

cyclonebri1

amandamilner wrote: »

In all the years the shed has been there, it has never leaked.

I think the answer lies here without offence.
Sheds don't last long, if it had been good then it wouldn't have "spoilt"

Ok,, they may have accelerated the demise but nothing more. ;)

It really would not have rotted that quickly if it was sound before the event.