House guest flooded the bath; water seeped through the floor to the downstairs flat

lisyloo

I think the point being made was that the scalding happened in another room while making tea

My apologies. I inferred that he had scalded himself on bath water rather than the tea.
I still personally don't think it's negligent.
Are we expected to sit in bubble wrap and stay still so we don't stub a toe, and oh don't try taking any clothes off you might pull a muscle :-)

However the point still remains that the injured parties will not usually have this information to make a decision on and so usually they therefore have to decide whether to allege negligence in court or write to the 3rd party insurer with no information about the cause.
Writing to an insurer (if one exists is easy) but it's also easy for them to write back and say no.
Taking either the householder or guest to court is obviously different matter which costs money.

Out of interest if there was negligence who would be liable? householder or guest?
Householders are normally insured for negligence via home insurance, the guest is not necessarily insured.

huckster

Perhaps there is more to the story ?

Even if I scolded myself, while the bath was filling, I would still hear water running. Perhaps the scolding was so bad it totally took their attention away.

If most were held negligent for an oveflowed bath, then it would be normal practice for Insurers to seek recovery and be paid out by the negligent parties Insurers. I don't think this is currently the case and therefore presume that Insurers think that negligence is not a clear cut thing in these situations.

lisyloo

Perhaps there is more to the story ?

Again, injured parties have no way of knowing what happened (unless we are in court).

Does it matter what actually happened if the injured parties have no way of discovering it?

huckster

lisyloo wrote: »

Again, injured parties have no way of knowing what happened (unless we are in court).

Does it matter what actually happened if the injured parties have no way of discovering it?

Not really. But perhaps the OP would not allow their friend to stay over again.

lisyloo

But perhaps the OP would not allow their friend to stay over again.

I agree that does depend on the full story.

I would still be interested to know who would be liable if there was negligence, the householder or the guest.
I would guess it's the guest and that the householder could sue the guest.

It's not 100% obvious because in some situation people have responsibility/liability for the actions of others. For example drivers are liable for passengers actions e.g. opening doors. Are there situations where householders are liable for their guests?

Quentin

lisyloo wrote: »

......I would still be interested to know who would be liable if there was negligence, the householder or the guest.....

Normally the guest, though in this instance there is some suggestion from the reported correspondence that the letting agreement makes the lessee responsible for their guests.