Damage to neighbours property

cyclonebri1

Hi, Legal question to be honest.

Daughter has a large garden, exposed, that backs onto a neighbour. Their back garden overlaps or wraps around the neighbours smaller property.

We had a mini tornado up in Derbyshire on Thursday. The kids 12ft trampoline was listed and carried 40yds through the neighbours fence and into their downstairs window.

Damage is to fence panels, some pvc fasia to the bay window, guttering above the bay window and 2 decapitated garden ornaments plus a dead bird table on a post.

They do not get on with this neighbour, she is impossible to deal with and resents my family having the land behind her. ie, any negotiation is very hard.

DH's insurance say they do not deal with 3rd party claims, she, (neighbour), should claim through her own insurance. This is my view too but with the caveat that we pay any excess charge she incurs, as a goodwill gesture.

She is claiming criminal damage blah blah blah. I know this is just a civil issue as no intent, and as a freak weather issue there is no case of negligence as it wasn't considered a risk and had not occurred previously. Expecting solicitors letter shortly.

Comments please?

Mr.Generous

There is no criminal damage, what crime was committed? You have to take reasonable precautions and I would think the weather would be considered so unusual that you could not have foreseen the risk. Tell her to go ahead, but make a written (or email) record of your offer in case you have to show a court later you were being reasonable.

Doozergirl

I think you're being perfectly reasonable and I'm not surprised that the neighbour is expected to claim on their own insurance.

Of course it's not criminal damage. I'm not surprised your daughter doesn't get on with people like that!

TheCyclingProgrammer

Criminal damage? Wow, some people really do talk utter bum gravy don't they? I hope they captured the fugitive trampoline and placed it under citizens arrest.

I can understand the neighbour being annoyed, I would be too, but it's just one of those things. Offering to pay any excess is entirely reasonable and I maybe would have offered a small amount of additional compensation - £100 or so - for the inconvenience and any potential increase in their premiums.

At this point there's nothing much your daughter can do except wait for the neighbour to accept their offer (as I said she could offer a small amount of compensation in addition to paying the excess) or play silly legal games.

If the offer made isn't in writing I would do this - and post it to the neighbour and get proof of posting and keep a copy.

Fat_Walt

cyclonebri1 wrote: »

Hi, Legal question to be honest.

Daughter has a large garden, exposed, that backs onto a neighbour. Their back garden overlaps or wraps around the neighbours smaller property.

We had a mini tornado up in Derbyshire on Thursday. The kids 12ft trampoline was listed and carried 40yds through the neighbours fence and into their downstairs window.

Damage is to fence panels, some pvc fasia to the bay window, guttering above the bay window and 2 decapitated garden ornaments plus a dead bird table on a post.

They do not get on with this neighbour, she is impossible to deal with and resents my family having the land behind her. ie, any negotiation is very hard.

DH's insurance say they do not deal with 3rd party claims, she, (neighbour), should claim through her own insurance. This is my view too but with the caveat that we pay any excess charge she incurs, as a goodwill gesture.

She is claiming criminal damage blah blah blah. I know this is just a civil issue as no intent, and as a freak weather issue there is no case of negligence as it wasn't considered a risk and had not occurred previously. Expecting solicitors letter shortly.

Comments please?

You don't need to prove intent for criminal damage. But then she can't prove your daughter was reckless as like you said it was a freak tornado. If they don't get on leave it to her insurance to sort.

FreeBear

cyclonebri1 wrote: »

She is claiming criminal damage blah blah blah.

A mini tornado would surely come under the heading of "an act of God" - If she is claiming criminal damage, instruct her to sue her local diocese.

moneyistooshorttomention

Printing off any newspaper article etc you have about the freak weather might be a useful idea - can't do any harm.

Will help readily prove what the weather was like on the date concerned.

patman99

In the insurance world, there is no longer such a get out as 'act of god'.

If the whinger is banging-on about 'criminal damage', then your daughter could always threaten her with the 'theft' of a trampoline.

brightontraveller

Not criminal but most likely negligence?



X’s item has damaged Y’s should X pay for damage

Could Y prove X’s negligenceI’d say if there smart they have a better chance than if there dumb?

E.g. Many trampoline manufactures advise trampolines are taken down in autumn Also what X has done to reduce the effects windage, secured to the ground, pegs , ground anchors, not sited near fence etc...

Freak tornado ? what was weather no wind or gale force winds
You say tornado or a normal blast of wind ?

If you look at the USA then trampolines are big insurance headache injuries when people use them and damage when they blow about? Some insurance companies void policy if you have them.

Personally if the damage is less than £500 pay it if neighbors a pain legal letters etc cost a lot more and make selling a house a lot harder

garrysibbald

FreeBear wrote: »

A mini tornado would surely come under the heading of "an act of God" - If she is claiming criminal damage, instruct her to sue her local diocese.

I know this is a serious topic but your comment did make me laugh...:T

cyclonebri1

An absolute vote of thanks to everyone, :T:T:T:T:T:T:T

I've been a victim of this when my nextdoors roof tiles wrecked a christy present for same daughter 15 years back.

IE it was said to me that a householders responsibility is to insure their own home or their own vehicle in my earlier case.

I was also told by my family legal protection policy solicitor the negligence could not exist unless the person allegedly responsible was aware of that, which is why in that case I sent a registered letter informing the neighbour that his roof was defective and any further damage would be claimed against them. Said I didn't need a solicitor to do the letter