Are B&Q liable for damage to my car?

waamo

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.

Wouldn't that depend on who was responsible for the upkeep of the land? It might not be B&Q it may well be the leaseholder.

davidmcn

waamo wrote: »

Wouldn't that depend on who was responsible for the upkeep of the land? It might not be B&Q it may well be the leaseholder.

According to the OP:

Meerkat54 wrote: »

B&Q...are now saying ...they 'lease the land' that the car park is located on.

so I think we're best to accept that's the case. If they're the tenant then they're (almost certainly) responsible for the upkeep of the car park.

waamo

davidmcn wrote: »

According to the OP:

so I think we're best to accept that's the case. If they're the tenant then they're (almost certainly) responsible for the upkeep of the car park.

Possibly but we don't know the contractual arrangements as to the upkeep and maintenance hence the question.

[Deleted User]

I'm not aware of any B&Q stores where they have any liability for anything that happens in the car park outside their stores because they are owned and operated by a different entity. The only exception might be if a B&Q shopping trolley did damage or caused injury. However, if B&Q staff were informed of the spill and did nothing about it then it might reasonably be expected that they have liability for any slips trips or falls that might result.

From the OP's description, it sounds as if he is confused over B&Q's response and it appears to be his own assertion that B&Q "lease" the land which the car park occupies.



BUT as for the "precaution" of replacing a tyre with paint on it which might otherwise "disintegrate". Please.

vikingaero

My Mum did something similar a few years ago. She called me and I told her to drive to a petrol station with a jetwash, met her there and spent £3 on removing all the paint from the tyres and wheelarches.

PragmaticMoneySaver

vikingaero wrote: »

My Mum did something similar a few years ago. She called me and I told her to drive to a petrol station with a jetwash, met her there and spent £3 on removing all the paint from the tyres and wheelarches.

Wow, an entirely reasonable and pragmatic reaction to the minor issue.

RunningMum

Hey op!!! What did the store staff say when you reported it?

Aylesbury_Duck

RunningMum wrote: »

Hey op!!! What did the store staff say when you reported it?

They glossed over it.

Mr.Generous

In 28 yrs at B&Q I only ever heard of 1 incident where someone drove through a spillage of paint. It resulted in a complaint demanding his car washed / valeted / polished etc. (Southport Meols Cop Rd if your interested) and luckily there were 2 witnesses.

A member of staff had just arrived at the spillage and was trying to cordon it off when a Suzuki jeep thing came driving over and the driver grinned at the staff and security guard (Brian, nice chap) and veered over into the paint and attempted to splash them.

The staff and guard stepped smartly back and the paint splattered all up the side of the toy 4x4. The driver was incredulous when told to sod off when he returned demanding B&Q pay for his car wash.

And I am 100% sure this was the case as I was present and witnessed it. Driver was a tool.

davidwood681

Would B&Q only have to put the OP back in the position they were in before anyway?

ie.......the replacement cost of an old, part warn tyre?