Damage to neighbours property

david1951

brightontraveller wrote: »

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

Also were they in the house at the time? It might not be that difficult to prove negligence (on the balance of probabilities) if they could have prevented the accident by taking action, but 'chose' not to.

Similarly, if they left the property knowing there was a storm but failed to adequately secure the trampoline...you get the picture.

I would recommend trying to settle rather than spending any money on legal fees, but it's unfortunate that you have a difficult person to deal with.

molerat

Did the trampoline break away from the ground anchors that were holding it down ?

spadoosh

I dont know the legal position of all this but i do have sympathy with the neighbour. Theyve had what sounds like a fair bit of damage done to their property through no fault of their own. And have a good argument (i believe) that the daughter was negligent (im assuming here the trampoline wasnt anchored down).

I would be looking in to anyway possible of getting reimbursed by them too. Ok i wouldnt say criminal damage but i cant believe that the only option for the 'victim' in this scenario would be to claim on their insurance only.

I get they might be generally unreasonable about most things but expecting someone to cover the cost of damage caused by someone elses property, i think, is perfectly reasonable.

Personally i would pay for it because i would feel responsible and couldnt reasonably expect someone else to foot the bill for it. (ETA it appears from the comments you legally wouldnt have to but again i dont knwo the legal ins and outs.)

iammumtoone

Do you know if the neighbours have their own insurance? They might not have any so you can see where they are coming from as this instance is no fault of their own.

My sons trampoline is taken down every winter, I have seen too many trampolines blown to where they shouldn't be in storms.

I do think your daughter was unlucky that it caused that much damage. Its not criminal damage but it might be easier than you think for them to claim negligence as I am sure its easy to get hold of recommended procedures for trampolines which will say they should be secured to the ground and taken down in winter. I don't know if this will stand up in court as to be honest not many people follow this.

Does your Daughter have legal protection with her insurance, might be worth giving them a ring?

stator

Not securing your trampoline is clearly negligence. They are obviously going to blow all over the place in high winds.
Any damage that can be proved to have been caused by the trampoline would have a good case in small claims court.

HelenAAAA

Just looking for feedback really,

Been with my current partner for 3.5 years. His ex is a tiny bit loopy and we think has a drink problem. Her new boyfriend is also regularly in and out of court for domestic violence cases.

In a completely unprovoked attack, they recently both got drunk in the middle of the night and decided to show up at our house and kick our front door in and scratch my car. All captured on CCTV, both arrested and charged for criminal damage, and both later found guilty through the criminal court system.

Cost to repair the damage? £2,300. I received £100 in compensation.

Can i recover the remaining £2,200 via the small claims court in a civil process?

AylesburyDuck

HelenAAAA wrote: »

Just looking for feedback really,

Been with my current partner for 3.5 years. His ex is a tiny bit loopy and we think has a drink problem. Her new boyfriend is also regularly in and out of court for domestic violence cases.

In a completely unprovoked attack, they recently both got drunk in the middle of the night and decided to show up at our house and kick our front door in and scratch my car. All captured on CCTV, both arrested and charged for criminal damage, and both later found guilty through the criminal court system.

Cost to repair the damage? £2,300. I received £100 in compensation.

Can i recover the remaining £2,200 via the small claims court in a civil process?

You'll need to start your own thread, it will get lost in here and you wont get the answers you seek.

HelenAAAA

Thanks - how do i start a new thread??

giraffe69

Click "New Thread" near the top left of the screen.

parking_question_chap

Two approaches

Either

Provide them with your insurers details. Tell them you will not respond to anything other than a court summons.

Do not give them anything in writing or any money as they might use it to try to prove admission of negligence.

Or

Accept the blame (why was it not pinned down?), and pay any costs of repair they cannot claim on insurance.