Openreach Engineer broke my TV

milkybeer

I'm not sure if this is the right place but aim struggling to find any information regarding my rights on this matter. I can only find something on damaged property, but an openreach engineer has knocked my tv off the stand and damaged it beyond use but failed to tell me. I only noticed after he has left.

I have raised a complaint with openreach and my ISP regarding the issue but I can't find anything that tells me my rights in terms of them replacing the damaged TV (I assume it is irreparable). 

I'm also not sure where I would stand if the engineer denies it as I obviously have no proof, other than a photo taken after the fact with the TV stand pulled out where he left it.

Any info, or a point in the direction where to find advice appreciated. 
TIA

Alderbank

It's accidental damage, you claim off your contents insurance.

Neil_Jones

milkybeer said:

I'm not sure if this is the right place but aim struggling to find any information regarding my rights on this matter. I can only find something on damaged property, but an openreach engineer has knocked my tv off the stand and damaged it beyond use but failed to tell me. I only noticed after he has left.

I have raised a complaint with openreach and my ISP regarding the issue but I can't find anything that tells me my rights in terms of them replacing the damaged TV (I assume it is irreparable). 

I'm also not sure where I would stand if the engineer denies it as I obviously have no proof, other than a photo taken after the fact with the TV stand pulled out where he left it.

Any info, or a point in the direction where to find advice appreciated. 
TIA

I think it may be safe to assume it was an accident, it wouldn't have been broken deliberately.

As a general rule I would argue it;s your responsibility to make accessible anything that somebody's coming in for, so if your phone socket is behind the telly and you don't move the telly and it gets damaged because the engineer has to move it, then sucks to be you.

A similar analogy is if you're having a new carpet you don't expect the fitters to shift everything, you do that yourself, or anything you keep round the boiler when it comes to be serviced.

Claim off the contents insurance.

iniltous

FWIW , any tech with any sense , if a customers property is in the way of an area that needs to be accessed should ask them to move it , that way if it’s broken it’s the customers problem not the tech , what’s more the ISP should ensure the customer has moved anything that’s blocking access to sockets/wiring or whatever in advance of the techs visit ( obviously this is more relevant with repair rather than installation as you may not know where new a new installation needs access to ….in either case ( repair or installation ) having access to areas denied, or the customer refuses to move furniture out of the way gives the tech the opportunity to say , rearrange the appointment when access is available, and then they leave site .

Unless the tech admits they did this damage , and that’s unlikely given they didn’t advise you at the time ,  then I doubt you will get anywhere with this ….FWIW , if a direct employee of OR , admitting to doing the damage is no big deal (unless they do it regularly ) , is just a cost of business for OR and they settle the claim , if the tech was a contractor, this type of thing would get them the sack so they are less likely to admit it , and the contractor employer less likely to compensate you without any proof like CCTV of the damage taking place 

EssexExile

We had an Openreach guy here a couple of weeks ago. The incessant texts they kept sending included terms and conditions, which had a clause saying I should mover everything out of his way before he comes. I didn't, but then I took the risk that he wouldn't damage anything.

iniltous

The texts come from Openreach but the engineer/technician may work for someone else , their employment is much less secure, if a contractor damaged property and it wasn’t seen happening, but discovered afterwards, they probably are not going to confess as they will probably get sacked, whereas a direct employee of Openreach is much more likely to keep his or her job , so will probably be honest about these things ….

if the contractor ( we don’t know if it’s a contractor or OR ) was seen damaging property, it’s not clear who would pay , the contracting firm ( the Openreach contract may  stipulate the contractor is responsible ) or Openreach accept responsibility even though it wasn’t an OR technician, but as the work was for Openreach they assume responsibility , but as the OP hasn’t any proof , I doubt this will get very far ……no doubt ( I’m not saying it’s the case here )  some unscrupulous people may throw a broken item on the floor and say Openreach did it , hoping they don’t argue but just pay up .

GrubbyGirl_2

I must be paranoid because if I have anyone working in my house I watch over them.  I simply don't trust anyone!!

M25

How much did you pay for the TV and what is the replacement cost?

Anytime I have someone in my house doing something I watch them like a hawk and tell them I'm going to watch them too (in a very nice way).

Unless you have video evidence or the OR engineer admits to it you have virtually no hope. Liability isn't going to be admitted to because you could come back a week later saying you found something else damaged.

Who is your ISP? Technically the contract to carry out works should be with them (OR is a third party and none of your business really for most civil matters) so they may well be the party that is fully liable legally. I would concentrate on them with very poilite requests and then ramping it up a bit if you don't get satisfaction.

You could consider a small claims court case but you would need a lot of evidence (witness/repair quotes etc).

I think since you didn't take full care (you didn't watch him) you'll have to lessen your expectations a little.

If it's a really cheap TV and you have house insurance I wouldn't claim off that either.

Make sure you keep a very detailed diary of the times/events and contacts in case you do decide to go to a small claims court or at least it'll show you have collated information that the ISP may think you might go to court.

MarzipanCrumble

The Silver Lining is that its Black Friday  -  loads of deals.

Grumpy_chap

milkybeer said:

an openreach engineer has knocked my tv off the stand and damaged it beyond use but failed to tell me. I only noticed after he has left.

How do you know that the OR engineer knocked the TV off the stand?
What is the nature of the damage if it was not evident until after he left?  Obviously not a cracked screen.