Driveway removed, car in a hole - my fault?

Strider590

shopbot wrote: »

Not legally qualified opinion but here goes..

I'm not sure the argument about trespass and 'it's his land and he can do what he likes would hold in court'. In the same way that homeowners can't set burglar traps and argue 'if he hadn't been there, he wouldn't have been hurt'.

This is it, if you set a trap for someone and they get hurt, you would be liable even if they were trespassing.

Let's say for example someone was walking down that road at night, got to that drive and had to stop for a car coming the other way, they step sideways, fall down the hole and break their ankle, that home owner would be in legal trouble up to his eyeballs.

deaston

Anyone who is interested, I passed the evil driveway again this evening and it is still in exactly the same state it was.

And in the photo I took tonight, I think it's easy to see why I didn't realise the drive was missing. Maybe I should contact the council as this seems very irresponsible of the homeowner.

https://drive.google.com/open?id=0B9oi2ZnYFaNiU1lVRVVweEptTWc

liltzero

What!? You didn't see that drop?
I think someone needs to go to Specsavers. Give it a rest now and stop trying to pass the blame.

Aylesbury_Duck

It looks pretty clear in that photo to be honest. Probably not the photo you'd want to use to show how how difficult it is to see. If that's exactly what it was like on the night in question, I'd say you don't really have a case.

Marvel1

deaston wrote: »

Anyone who is interested, I passed the evil driveway again this evening and it is still in exactly the same state it was.

And in the photo I took tonight, I think it's easy to see why I didn't realise the drive was missing. Maybe I should contact the council as this seems very irresponsible of the homeowner.

https://drive.google.com/open?id=0B9oi2ZnYFaNiU1lVRVVweEptTWc

Give it a go, nothing to lose.

iammumtoone

Everyone can see it because you know it is there. I can see how a driver reversing could miss it when you would not expect it to be there.

However I no longer think it is a danger to pedestrians as that security light looks really bright and as long as it is set to come on before you get close to the drop I think it would be hard for a pedestrian to miss.

If you want to complain to the council go ahead but I would make sure you leave enough time before doing so, so that the owner will not think it was you (you did say he had your details and wasn't a reasonable person)

TBagpuss

deaston wrote: »

Anyone who is interested, I passed the evil driveway again this evening and it is still in exactly the same state it was.

And in the photo I took tonight, I think it's easy to see why I didn't realise the drive was missing. Maybe I should contact the council as this seems very irresponsible of the homeowner.

https://drive.google.com/open?id=0B9oi2ZnYFaNiU1lVRVVweEptTWc

I have to say, the other pictures made it look like a fairly small drop but in that one it seems pretty obvious that its not suitable for vehicles.

By all means report it to the council as a hazard to pedestrians, but other than that, let it go.

Strider590

iammumtoone wrote: »

Everyone can see it because you know it is there. I can see how a driver reversing could miss it when you would not expect it to be there.

However I no longer think it is a danger to pedestrians as that security light looks really bright and as long as it is set to come on before you get close to the drop I think it would be hard for a pedestrian to miss.

If you want to complain to the council go ahead but I would make sure you leave enough time before doing so, so that the owner will not think it was you (you did say he had your details and wasn't a reasonable person)

It looks to me like the light doesn't illuminate the hole/drive/gate, rather it could easily blind someone to the risk.

debtdebt

Is there actually any damage to your car?

Aylesbury_Duck

debtdebt wrote: »

Is there actually any damage to your [STRIKE]car[/STRIKE] pride?

Yes. That's why the OP is seeking retribution but trying in vain to paint it as civic responsibility.