Damage to neighbours property

iammumtoone

stator wrote: »

Not securing your trampoline is clearly negligence.

I am not sure how this would stand up in court, yes ideally it should be secured but how many people actually do so. We don't, although my Son's is taken down for winter I could be just as unlucky if there was a freak gale in summer.

kazwookie

Get a camera with a long lense and take photos of the damage window etc, 'just in case'

cyclonebri1

iammumtoone wrote: »

I am not sure how this would stand up in court, yes ideally it should be secured but how many people actually do so. We don't, although my Son's is taken down for winter I could be just as unlucky if there was a freak gale in summer.

We are getting this sorted now.

Not going through her insurance and I do see her point, I don't know if she realised it but it could cost her increased premiums for years to came.

We aren't the sort of people to make good our mistakes when it is clearly no one else's fault but our own.

So, 2 new fence panels bought, they were available ready painted a year ago but not now so all 5 need painting, paint bought.

Guttering only needed clipping back together

Fascia to corner of bay is an issue, can't find an actual curved section that joins 2 45 returns for a bay window, ie its a 135 deg cover section. It may have been flat sheet that simply clicks in, trim centre is nearby so will try there.

Bird table was home made and rotten so will replace with same type.

Just leaves a couple of ornament and haven't had chance to check those out yet, they may well be 2 piece items that have just been knocked over.


Now as per the quote, negligence is indeed a difficult claim to prove. I've been on the receiving end of this when next doors tiles did a grands worth of damage to the same daughters car in my drive when she lived alone. Solicitor was very clear that the offender needs to have prior knowledge that there is a risk for it to be proven.

Was it fastened down, no, and there lies the irony. The reason for the bad blood is that the neighbour has vigorously opposed the change of use of the plot that is now dh's garden.
We won everything in planning but permitted Dev rights where withheld, so everything permanent in the garden requires separate but free planning consent. It wasn't fastened down as every few weeks they move it to a different spot in the garden.

And just as a warning to others someone actually saw it happen and it took of completely, cleared a double row of screening hedge before taking out the very top of her 6ft fence.
The trampoline was 12ft dia and weighed a massive amount but was totally destroyed against her house wall

Lesson learnt. Hope no one else has the same issue.

cyclonebri1

kazwookie wrote: »

Get a camera with a long lense and take photos of the damage window etc, 'just in case'

First thing we did, just incase the damage "increased":A:A

Mojisola

cyclonebri1 wrote: »

Bird table was home made and rotten so will replace with same type.

What? With a home-made rotten one? :rotfl::rotfl:

(I know that isn't what you meant but it gave me a laugh.)

cyclonebri1

iammumtoone wrote: »

I am not sure how this would stand up in court, yes ideally it should be secured but how many people actually do so. We don't, although my Son's is taken down for winter I could be just as unlucky if there was a freak gale in summer.

They had had a massive party for Halloween, about 70 kids/adults in the garden, enormous marquee type tent had been dried and stored but trampoline still out.
Again the ironic bit is that a 10ft by 13ft steel shed was on order, it had arrived a few days earlier, we spent last weekend building it, but now no trampoline to store:mad:

cyclonebri1

Mojisola wrote: »

What? With a home-made rotten one? :rotfl::rotfl:

(I know that isn't what you meant but it gave me a laugh.)

Don't worry, I actually meant just that, no way is she getting "new for old";);)

prosaver

If my trampoline damaged someone else property i would except responsibility and i think a judge would think that too.
Try and get a handyman to repair it, it will be cheaper in the long run, going through solicitor s cost money and you'll probably lose.
Anyway your lucky the trampoline didnt kill anyone, you would of got done for manslaughter.

Kynthia

prosaver wrote: »

If my trampoline damaged someone else property i would except responsibility and i think a judge would think that too.
Try and get a handyman to repair it, it will be cheaper in the long run, going through solicitor s cost money and you'll probably lose.
Anyway your lucky the trampoline didnt kill anyone, you would of got done for manslaughter.

I don't think you know much about civil or criminal law.

Chanes

There must be a precedent for this in the courts somewhere, I would track it down and read the judgement. I suspect if this incident was reasonably foreseeable and precautions such as tethers were not employed there could be some liability due to an errant trampoline hitting someone else's property.