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Scaffolding on Right of Way

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Comments

  • dottiec
    dottiec Posts: 56 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Eldi_Dos said:
    dottiec said:
    dottiec said:
    sheramber said:
    If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

    If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.
    If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.
    They already could - and it would have to be because of your negligence for them to be successful.

    The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.
    I am aware of this and am at fault for not having the road insured.  The cost has always put me off as it is a specialist area.  If a postman for example hurt himself on the private road he would have his Union behind him backing him - I have read of cases like this.  The slightest thing solicitors will encourage people to sue over.   I have not invited the scaffolders or roofers onto our road it is for someone else's convenience but should they break their leg falling on the road they may think they are entitled to sue.  
    Do you have Legal Protection included in your house insurance, if so give them a call, may help assuage your concerns.
    Yes we do have legal Protection - always (NB have a separate drive from the access road).  I am waiting for our current insurance company to get back to me re adding the private road to my existing house insurance but it has to be approved by their underwriters and I am fairly certain they will say no as I think I have asked before but it was a different company.  The specialist insurance company quote was much higher than £150 as quoted by a previous poster and they explained the possibilities of being sued.  I think a lot of people are unaware of the increased risk of so easily being sued and my view is that legal protection should be compulsory on all household insurance.  
  • bobster2
    bobster2 Posts: 997 Forumite
    Sixth Anniversary 500 Posts Photogenic Name Dropper
    edited 30 April 2024 at 6:01PM
    dottiec said:
    No they won't.  It's not worth their time trying to take a losing case to court.

    If you're really worried, insurance for something like that is £150 or so per year.

    Anyone is "entitled" to sue anyone at any time for any thing.  The reason the occasional case gets mentioned in the news is precisely because they are so unusual (and it often turns out that the story is quite different from the headline).
    I absolutely don't agree with you on this.  Can you let me know where can I get this insurance for £150.
    Google "private road insurance" and you can find various providers with prices starting at £175 per year.
    Have you ever tried to get quote? It may be cheaper than you think.
    If you're so worried about the risks of being sued - it might be worth focusing more on getting this insurance than worrying about some temporary scaffolding.
  • dottiec
    dottiec Posts: 56 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    bobster2 said:
    dottiec said:
    No they won't.  It's not worth their time trying to take a losing case to court.

    If you're really worried, insurance for something like that is £150 or so per year.

    Anyone is "entitled" to sue anyone at any time for any thing.  The reason the occasional case gets mentioned in the news is precisely because they are so unusual (and it often turns out that the story is quite different from the headline).
    I absolutely don't agree with you on this.  Can you let me know where can I get this insurance for £150.
    Google "private road insurance" and you can find various providers with prices starting at £175 per year.
    Have you ever tried to get quote? It may be cheaper than you think.
    If you're so worried about the risks of being sued - it might be worth focusing more on getting this insurance than worrying about some temporary scaffolding.
    See previous posts where I have said I should have insurance but have always been put off the cost.  I know how to get quotes for insurance and have done so several times.  I am awaiting a response from my current insurance company's underwriters to see whether the private road can be included on our current house policy.  The current situation has been a wake up call to get on with it, whatever the expense. 

    I've had some great responses to my post which I am acting on but I think it irresponsible to suggest I should not worry about temporary scaffolding on a road used by the public, residents, cars etc and which opens out immediately onto a very busy main road, with pedestrians/children passing across our entrance.  Prevention better than cure in my opinion.
  • user1977
    user1977 Posts: 18,016 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    dottiec said:
    Eldi_Dos said:
    dottiec said:
    dottiec said:
    sheramber said:
    If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

    If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.
    If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.
    They already could - and it would have to be because of your negligence for them to be successful.

    The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.
    I am aware of this and am at fault for not having the road insured.  The cost has always put me off as it is a specialist area.  If a postman for example hurt himself on the private road he would have his Union behind him backing him - I have read of cases like this.  The slightest thing solicitors will encourage people to sue over.   I have not invited the scaffolders or roofers onto our road it is for someone else's convenience but should they break their leg falling on the road they may think they are entitled to sue.  
    Do you have Legal Protection included in your house insurance, if so give them a call, may help assuage your concerns.
    my view is that legal protection should be compulsory on all household insurance.  
    What would be the point of that, given that household insurance isn't itself compulsory?
  • dottiec
    dottiec Posts: 56 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    user1977 said:
    dottiec said:
    Eldi_Dos said:
    dottiec said:
    dottiec said:
    sheramber said:
    If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

    If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.
    If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.
    They already could - and it would have to be because of your negligence for them to be successful.

    The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.
    I am aware of this and am at fault for not having the road insured.  The cost has always put me off as it is a specialist area.  If a postman for example hurt himself on the private road he would have his Union behind him backing him - I have read of cases like this.  The slightest thing solicitors will encourage people to sue over.   I have not invited the scaffolders or roofers onto our road it is for someone else's convenience but should they break their leg falling on the road they may think they are entitled to sue.  
    Do you have Legal Protection included in your house insurance, if so give them a call, may help assuage your concerns.
    my view is that legal protection should be compulsory on all household insurance.  
    What would be the point of that, given that household insurance isn't itself compulsory?
    Yes you are right - I got confused.  I was thinking of public liability which is already built in.  Thanks
  • swingaloo
    swingaloo Posts: 3,524 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    What exactly are you trying to achieve? Are you objecting to the work being done because if there are problems with the roof then surely it must be better to let them get on with it. What if something fell from the roof and landed on yours or a neighbours car because there had been no maintenance.
  • dottiec
    dottiec Posts: 56 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    swingaloo said:
    What exactly are you trying to achieve? Are you objecting to the work being done because if there are problems with the roof then surely it must be better to let them get on with it. What if something fell from the roof and landed on yours or a neighbours car because there had been no maintenance.
    I am NOT objecting to the renovation.  I like the builder and have no intention of causing confrontation.  I agree with everything you say and have told the builder that we will all benefit from the aesthetic improvement in the building.  I am simply asking for advice from this forum as to what precautions I should take from a safety point of view, rather than doing nothing, there being an accident or damage caused and fingers then pointing at me for stuff that I should have sorted before the work started.  What would you do in  these circumstances.  
  • swingaloo
    swingaloo Posts: 3,524 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I would just let them crack on with the job. You can only be sued if you are negligent in some way. If the builder or his actions hurt someone then he will be the one to sue. I think you are worrying needlessly
  • BarelySentientAI
    BarelySentientAI Posts: 2,448 Forumite
    1,000 Posts Name Dropper
    edited 30 April 2024 at 8:44PM
    dottiec said:
    dottiec said:
    dottiec said:
    sheramber said:
    If somebody tripped becuase of a defect in the road you would currently liable, but you have no insurance.

    If somewbody tripped due to something the builder left lying  around then surely he would be laible, not you.
    If someone tripped and hurt themselves actually on our road because we have no insurance they can sue us personally and potentially bankrupt us.  We are looking to insure.
    They already could - and it would have to be because of your negligence for them to be successful.

    The same arguments come up every year when people worry about if shovelling snow makes them liable for people slipping over.
    I am aware of this and am at fault for not having the road insured.  The cost has always put me off as it is a specialist area.  If a postman for example hurt himself on the private road he would have his Union behind him backing him - I have read of cases like this.  The slightest thing solicitors will encourage people to sue over.   I have not invited the scaffolders or roofers onto our road it is for someone else's convenience but should they break their leg falling on the road they may think they are entitled to sue.  
    No they won't.  It's not worth their time trying to take a losing case to court.

    If you're really worried, insurance for something like that is £150 or so per year.

    Anyone is "entitled" to sue anyone at any time for any thing.  The reason the occasional case gets mentioned in the news is precisely because they are so unusual (and it often turns out that the story is quite different from the headline).
    I absolutely don't agree with you on this.  Can you let me know where can I get this insurance for £150.
    First result on my google search:



    There were also two others that said "starting at £200" but I can't remember which they were.
  • bobster2
    bobster2 Posts: 997 Forumite
    Sixth Anniversary 500 Posts Photogenic Name Dropper
    dottiec said:
    See previous posts where I have said I should have insurance but have always been put off the cost.  I know how to get quotes for insurance and have done so several times.  I am awaiting a response from my current insurance company's underwriters to see whether the private road can be included on our current house policy.  The current situation has been a wake up call to get on with it, whatever the expense. 
    Why faff around any longer waiting for that company - when you can buy a freestanding policy from another provider for < £200??
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