Are B&Q liable for damage to my car?

Meerkat54

A few weeks ago I drove into my local B&Q and without realising it drove through a lot of paint that had been spilt by another customer. B&Q had not made any effort to remove the spillage and are now saying they are not liable for the cost of replacing the tyre as they 'lease the land' that the car park is located on. The tyre had to be replaced as there was no way of knowing what type of paint had been spilt and both the RAC and local dealership stated that not replacing the tyre might, over time, cause the tyre to disintegrate. I believe B&Q are liable as there is no signage anywhere in the car park to state they accept no responsibility for damage to vehicles. What case (if any) do I have against B&Q?

KatrinaWaves

Did B&Q know about the paint, and can you prove this?

Did you not see the paint before you drove over it?

I think youd be entitled to claim against the person who spilt the paint and made no effort to either clean it or let B&Q know (assuming...) Ask for CCTV.

I can't see how it is B&Q's fault.

Boohoo

Meerkat54 wrote: »

A few weeks ago I drove into my local B&Q and without realising it drove through a lot of paint that had been spilt by another customer. B&Q had not made any effort to remove the spillage and are now saying they are not liable for the cost of replacing the tyre as they 'lease the land' that the car park is located on. The tyre had to be replaced as there was no way of knowing what type of paint had been spilt and both the RAC and local dealership stated that not replacing the tyre might, over time, cause the tyre to disintegrate. I believe B&Q are liable as there is no signage anywhere in the car park to state they accept no responsibility for damage to vehicles. What case (if any) do I have against B&Q?

I would get the tyre that was covered in paint or whatever was on the B&Q car park independently inspectected so the company doing the inspection can give you a report on wether the tyre was damaged by the paint and "over time" disintergrate so you can show that to B&Q and then they will pay you for the damaged tyre and if they don't when you take them to court at least you will have a report to back you up.


I don't think you will get anywhere with this but that is upto you.

waamo

You have no case whatsoever.

[Deleted User]

I don't think B&Q usually own the land around the store anyway and I'd be very surprised if there aren't signs everywhere stating that the landowners are not responsible for any damage caused on it.

KatrinaWaves

Colin_Maybe wrote: »

I don't think B&Q usually own the land around the store anyway and I'd be very surprised if there aren't signs everywhere stating that the landowners are not responsible for any damage caused on it.

There doesn't even need to be a sign.

If B&Q knew about the spillage and made no attempt to clean it or mark it, then they could be held liable, but it simply being there does not.

Similarly if it was a huge patch of bright white paint on a black tarmac floor on the OP drove into it, they could be held just as liable for not being careful where they were driving.

shaun_from_Africa

waamo wrote: »

You have no case whatsoever.

They have no case whatsoever unless they can prove that the staff at B&Q knew about the spillage and did nothing to remove it or divert cars around it.

It's no different to a spillage inside a shop.
If it only just happened and a customer slipped and injured themselves, the store are not liable.
However, it if after it happened the store staff were advised and made no attempt to make the area safe and another customer was injured, that customer may well have a valid case.

davidmcn

shaun_from_Africa wrote: »

They have no case whatsoever unless they can prove that the staff at B&Q knew about the spillage and did nothing to remove it or divert cars around it.

It's no different to a spillage inside a shop.
If it only just happened and a customer slipped and injured themselves, the store are not liable.
However, it if after it happened the store staff were advised and made no attempt to make the area safe and another customer was injured, that customer may well have a valid case.

I concur with the above.

The fact they're merely a tenant is irrelevant. The vast majority of retailers are tenants, it doesn't mean they're not liable for what happens on the property they occupy.

The lack of a disclaimer sign is irrelevant.

CardinalWolsey

shaun_from_Africa wrote: »

They have no case whatsoever unless they can prove that the staff at B&Q knew about the spillage and did nothing to remove it or divert cars around it.

It's no different to a spillage inside a shop.
If it only just happened and a customer slipped and injured themselves, the store are not liable.
However, it if after it happened the store staff were advised and made no attempt to make the area safe and another customer was injured, that customer may well have a valid case.

It's potentially a lot different to a shop. We don't know from the OP, but if this is a B&Q on a retail park, the car park will be shared, owned and managed by the retail park and not B&Q.

What if the spillage had happened on the public highway just outside the car park, would B&Q still be liable? What about if the spillage happened at the customers home on the road outside their house? You can see where I'm going.

To the OP - perhaps email and complain to B&Q with photos - you may be lucky and they'll send you vouchers. But if you go down the compo route you'll lose, and will have wasted an awful lot of time and energy in the process.

chili1496

Next time watch where you drive, what on earth makes you think this is b and q's fault? did they know the paint had been spilt? maybe you should visit...................https://www.specsavers.co.uk/

what if while out in the park you stood in a dog turd and ruined your shoe, who's fault would that be

robotrobo

Meerkat54 wrote: »

A few weeks ago I drove into my local B&Q and without realising it drove through a lot of paint that had been spilt by another customer. B&Q had not made any effort to remove the spillage and are now saying they are not liable for the cost of replacing the tyre as they 'lease the land' that the car park is located on. The tyre had to be replaced as there was no way of knowing what type of paint had been spilt and both the RAC and local dealership stated that not replacing the tyre might, over time, cause the tyre to disintegrate. I believe B&Q are liable as there is no signage anywhere in the car park to state they accept no responsibility for damage to vehicles. What case (if any) do I have against B&Q?

im afraid shxt happens in life!. your still alive, put it down to experience, better still get your spare out of the boot.