Person tripped over my outside cable cover whilst charging car...

DullGreyGuy

It ultimately comes down to a debate on liability and if you have been negligent. The fact you admit other people have tripped over it and yet have continued to do the same is a big red flag for being found liable for their injuries.

First of all you need to read you motor insurance policy book, in recent years insurers have become more explicit about trips caused by charging cables but some are explicitly including it and others are explicitly excluding it. 

If that doesnt cover it then your second chance is looking at the third party liability insurance under your Home Contents insurance but it may be excluded from here too give its in relation to a motor vehicle.

Obviously if neither cover the incident then you will be on your own defending and payout the claim. If it's just a bump and scratches you are looking at a couple to a few hundred. If the bump is actually concussion or something worse then clearly the numbers can spiral quickly and solicitors fees start being able to be added to the cost of the injury. 

Flugelhorn

Emmia said:

FlorayG said:

My thoughts are that you are totally liable; when 'official' workmen lay cables they route the pedestrian access into the road around them, you would never have to walk over them. Your insurance will know.
If one of my neighbours did that I would be first asking them not to and if no effect speaking with the council. You're obstructing the pavement, however well you mark the obstruction

That's not always the case,  covers can also be used for utility works... but the workmen in that case would have local authority authorisation - which the OP doesn't have (I'll assume they don't own the pavement they're crossing), and normally the covers used by utility companies are substantially wider and flatter.

and they often stick up signs as well 

FlorayG

Flugelhorn said:

Emmia said:

FlorayG said:

My thoughts are that you are totally liable; when 'official' workmen lay cables they route the pedestrian access into the road around them, you would never have to walk over them. Your insurance will know.
If one of my neighbours did that I would be first asking them not to and if no effect speaking with the council. You're obstructing the pavement, however well you mark the obstruction

That's not always the case,  covers can also be used for utility works... but the workmen in that case would have local authority authorisation - which the OP doesn't have (I'll assume they don't own the pavement they're crossing), and normally the covers used by utility companies are substantially wider and flatter.

and they often stick up signs as well 

...and take everything up before dark...

Mildly_Miffed

Definitely one for any legal cover on your home insurance.

Ultimately, though, I'd say that this person may well have a valid claim.

https://www.planningportal.co.uk/permission/common-projects/electric-vehicle-charging/approved-pavement-crossings
"The Highways Act 1980 makes it illegal to place a wire or apparatus over, along or across a highway/pavement without consent from the Highway Authority. Penalty fines can be given unless there is proof that all necessary means to give adequate warning have been taken. If you choose to do so, then you are liable for any injuries which are caused."

https://www.gov.uk/government/publications/cross-pavement-solutions-for-charging-electric-vehicles/cross-pavement-solutions-for-charging-electric-vehicles

https://energysavingtrust.org.uk/advice/cross-pavement-charging-solutions/

DullGreyGuy

Mildly_Miffed said:

Definitely one for any legal cover on your home insurance.

Legal expenses insurance on your Home Insurance predominately only covers claimant work, other than in property disputes. Even in the few cases it does cover defendant work its only for the cost of your lawyers not for actually for the money being claimed against you. 

Their Motor or Home Contents, both of which will include third party liability cover, are much better coverages given they will cover both lawyers and damages if charging cable trips arent explicitly excluded. 

sheenas

I think to correctly place a charging wire across the pavement to need to apply to the council and have permission. There are then solutions that provide a groove in the payment for the cable. Done correctly the pavement remains flat and there is not trip hazard. This way no sign or lights are need as there is no hazard.

HillStreetBlues

facade said:

Even assuming that you are found to be negligent (which is not clear cut apparently- another surprise!) there is the principle of "Culpable Responsibility". If the third party was playing on their 'phone whilst walking, then it is partially their own fault that they didn't see it and they might be deemed 25% responsible- so you would only be liable for 75% of their claim. (They would need to admit that, or your side has to prove it)

On the flip side of this knowing people do walk and use their phone (as that's totally foreseeable) needs to be taking into account when placing a cable on a pavement

Abbafan1972

Op, do you have cameras or anything that would have captured this incident? 

I am not excusing the fact that a cable was trailing over the pavement, but would be a bit dubious of someone knocking on the door saying they had fell over. At 1am had they come back from the pub or were they staring at their phone screen as most people do these days, even while crossing the road it seems. 

ButterCheese

Will be interesting to see how this all pans out.  I often see window cleaners trailing hose pipes across the roads and the pavement - doubtful if any of them ahve permission to do that but I guess they are covered by work/public liability insurance in case anyone trips?  Also another example of "we are forcing everyone to get an electric vehicle" but scnarios like this aren't considered.  They are just wanting to make money out of charging points as the OP has pointed out, they are getting more expensive

user1977

ButterCheese said:

I often see window cleaners trailing hose pipes across the roads and the pavement

Yes, but I think a different risk where it's attended and more obvious to passers by that there's some sort of work going on - I only do the cable across the pavement when vacuuming my car but I keep an eye out for pedestrians.