Driveway removed, car in a hole - my fault?

zaax

Public has access to that land. Owner liable if anyone comes a cropper. If the car has not been damaged leave if be. Though the coucil should be told as the owner has a duty of care.

A breach of duty occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard. A person may be liable for negligence in a personal injury case if his breach of duty caused another person's injuries.

https://en.wikipedia.org/wiki/Duty_of_care_in_English_law

sheramber

I think the drive was originally level with the pavement since they old blocks and there are weeds

He has had a new drive laid that is higher and is waiting for the level to be pared up with the level of the pavement. Ie a slope put in.

He has built a wall and gates back from the end of the drive to allow him to pull off the road and then open the gates.

The pavement is the area that is tarmac.

angrycrow

It often makes no difference if you do rope off the building works. We had our drive redone with patterned concrete over a halloween weekend. Ropes up, coloured warning tape and warning signs about wet concrete but we still have footprints in the drive from trick or treaters who ducked under the rope to knock on the door. Not just one set either.

POPPYOSCAR

angrycrow wrote: »

It often makes no difference if you do rope off the building works. We had our drive redone with patterned concrete over a halloween weekend. Ropes up, coloured warning tape and warning signs about wet concrete but we still have footprints in the drive from trick or treaters who ducked under the rope to knock on the door. Not just one set either.

Yes but it could make all the difference if there was a claim.

As a householder you are duty bound to keep your property safe ad draw attention to any hazards..

deaston

angrycrow wrote: »

It often makes no difference if you do rope off the building works. We had our drive redone with patterned concrete over a halloween weekend. Ropes up, coloured warning tape and warning signs about wet concrete but we still have footprints in the drive from trick or treaters who ducked under the rope to knock on the door. Not just one set either.

If he had it roped off he could've walked out, called me all the names he wanted and pointed at the cones, the rope and the warning sign. If I claimed against him, he would be able to counter the claim with all the measures he put in place to warn me that there was no driveway and my car would risk getting stuck and being damaged.

As it is, he didn't bother.

AndyMc.....

deaston wrote: »

If he had it roped off he could've walked out, called me all the names he wanted and pointed at the cones, the rope and the warning sign. If I claimed against him, he would be able to counter the claim with all the measures he put in place to warn me that there was no driveway and my car would risk getting stuck and being damaged.

As it is, he didn't bother.

Instead you made the assumption it was safe to reverse and did it blind.

deaston

AndyMc..... wrote: »

Instead you made the assumption it was safe to reverse and did it blind.

How do you define "do it blind"?

AndyMc.....

deaston wrote: »

How do you define "do it blind"?

Well the holes been there for sometime, has the penny dropped yet?

iammumtoone

You could complain to the council not about your car but it looks very unsafe for pedestrians to me as it appears the street it is on is unlit?

POPPYOSCAR

iammumtoone wrote: »

You could complain to the council not about your car but it looks very unsafe for pedestrians to me as it appears the street it is on is unlit?

Yes if a pedestrian gets hurt they could sue the householder for not taking reasonable steps to make it safe.