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Damage from debris in road

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  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Joe_Horner wrote: »
    It depends how it escaped - if they'd followed all reasonable precautions then they're not negligent.

    Say, for example, it had fallen from a wheelbarrow a few seconds before -perhaps when the barrow bounced in a pothole that the council knew about - and the barrow pusher had just pushed the barrow off the road before returning to collect it, only to have the driver come through - too fast to stop - and hit it. There would be no negligence there.

    If it bounced out then it's an over full barrow
    If the barrow broke then it's failure to maintain
    If the barrow pusher is working in or near to live traffic then they should have guarding and/or TM in place
    If it fell off a digger loading the lorry then it's an overfull bucket/inadequate guarding
    Unexpected local gravitational changes I'll give you but I doubt there are any other circs that would hold water
  • Iceweasel
    Iceweasel Posts: 4,882 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Come on lads and lasses - only 7 more posts to go to hit tonight's target. :rotfl:
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    vaio wrote: »
    If it bounced out then it's an over full barrow
    Or a pothole left by the council. And don't say the pusher should've avoided it if the drivers can't ;)
    If the barrow broke then it's failure to maintain
    or a metalurgic fault - it doesn't amount to negligence if you don't carry out NDT on a wheelbarrow.
    If the barrow pusher is working in or near to live traffic then they should have guarding and/or TM in place
    Agreed, so it rolled when it landed. Not negligent to make sure all your rocks have flat sides :P
    If it fell off a digger loading the lorry then it's an overfull bucket/inadequate guarding
    Digger driver had a sudden stroke (with no history) and, despite his heroic efforts to control the situation, twitched the controls slightly causing it to fall

    [/quote]
    Unexpected local gravitational changes I'll give you but I doubt there are any other circs that would hold water[/QUOTE]

    In that situation any claims would be against the Vogon Demolition Fleet, not the builders :D
  • googler
    googler Posts: 16,103 Forumite
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    Iceweasel wrote: »
    Come on lads and lasses - only 7 more posts to go to hit tonight's target. :rotfl:

    Almost there.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Joe_Horner wrote: »
    .....In that situation any claims would be against the Vogon Demolition Fleet, not the builders :D

    I was going to nominate Dr Who

    as a completely OT aside I once did some work on the house of Mark Wing Davey who played Zaphod Beeblebrox
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    vaio wrote: »
    I was going to nominate Dr Who

    as a completely OT aside I once did some work on the house of Mark Wing Davey who played Zaphod Beeblebrox

    Now that's a proper claim to fame - the real Zaphod! Whatever happened to the original (and by far the best) Guide???
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I'll fess up to remembering the first radio series, I was going to Tech on day release and our "light relief" from the sums & physics etc was General Studies, mostly politics but the lecturer taped the first episode and played to us. I wasn't a natural R4 listener but don't think I missed one after that.

    As you say, it was "classic" in every sense of the word.
  • robatwork
    robatwork Posts: 7,266 Forumite
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    Iceweasel wrote: »
    I found this on the Insurance Hotline website:

    Accidents Where You are the Only Driver Involved

    If no other driver is involved, fault is generally assigned to you by default. There are a few situations where this might be the case. If you strike an empty car which is legally parked, you will be found at fault.

    Slightly OT (not as OT as HHGTTG though) - I always understood that even if the empty car is illegally parked it's still your fault. So if you come around a corner and hit an empty car that is sitting astride the middle of the road it's your fault for not anticipating that around every corner could lurk a hazard.

    I don't get the point of the word "legally" in the guidelines.

    I keep a towel in the boot.
  • Ultrasonic
    Ultrasonic Posts: 4,265 Forumite
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    robatwork wrote: »
    I keep a towel in the boot.

    I'm clearly missing something :huh:
  • victor2
    victor2 Posts: 8,121 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper
    robatwork wrote: »
    I keep a towel in the boot.
    Ultrasonic wrote: »
    I'm clearly missing something :huh:

    You're not the only one. :)

    I’m a Forum Ambassador and I support the Forum Team on the In My Home MoneySaving, Energy and Techie Stuff boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. 

    All views are my own and not the official line of MoneySavingExpert.

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