Damage to Property during Delivery - Subcontractor did delivery

doctor40

Looking for some advice. I had a delivery around 3-4 months ago. During the delivery the van drvier drove over our septic tank cover causing it to collapse. I wasn't in at the time but my neighbour was (we share a septic tank so share responsiblity/cost etc). He spoke to the driver who admitted responsibilty, and they had a local farmer tow him out of the hole!

We contacted the delivery company who contacted the subcontractor who made the delivery and also gave us a contact for them. 4 months has passed and we have not been able to get the  subcontractor to reply to a phone call, and the contracting delivery company alleges they have contacted him several times (3 individuals from the contracting company have advised they have done this). My neighbour called him and he did not call back. I have asked the contracting company for the business address of the subcontractor and as yet they are to provide it.

I am looking for some advice on who ultimately is responsible. I assume the subcontractor, but if he is evasive/non contactable, does the contractor bear any responsibililty.

Is there any point in contacting the retailer?

There's  a big hole in my drive which is causing a real problem, I've explained this but no one seems to care!

I am in Scotland - not sure if the rules differ in Scotland from other parts of the UK.

thanks for any advice

user1977

If the septic tank cover is in the driveway, why couldn't it cope with a van being driven over it? I'm not sure why the driver is being held responsible.

doctor40

user1977 said:

If the septic tank cover is in the driveway, why couldn't it cope with a van being driven over it? I'm not sure why the driver is being held responsible.

Sorry, to explain a bit better, it's up the side of the garage where there isn't a driveway. He chose to go up there. We don't go up there and no one in the 15 years I've lived here has chosen to do that.

sheramber

There's  a big hole in my drive which is causing a real problem,

if nobody ever goes there what is this real problem?

inthedepthsofthesea

Do you have buildings insurance and have you spoken to them? 

It may be different where you are, but I believe that unless septic tanks and underground pipes are specifically excluded from accidental damage, they should be covered.

If you have legal cover bundled with the insurance, then that could pay for a solicitor to go after the courier for you, if needed.

Aylesbury_Duck

doctor40 said:

user1977 said:

If the septic tank cover is in the driveway, why couldn't it cope with a van being driven over it? I'm not sure why the driver is being held responsible.

Sorry, to explain a bit better, it's up the side of the garage where there isn't a driveway. He chose to go up there. We don't go up there and no one in the 15 years I've lived here has chosen to do that.

As sheramber has asked, what's the big problem if it's not actually on your drive amd no-one goes there?  If it's a potential safety hazard then you are responsible for making it safe while you await the outcome of the dispute/claim.  Have you done so?  It sounds as if either cordoning it off or putting down a big sheet of plywood over the hole would be sensible until a permanent repair is made.  The last thing you need is someone actually walking down there for the first time in 15 years and injuring themselves.

Alderbank

You should look at your duties under the Occupier's Liability Act.

The occupier of a property has the responsibility to ensure the safety of anyone who comes onto his property. The background is that you know your property and what hidden hazards lurk there, a visitor does not.

You should have considered what hazards a visitor would be exposed to, such as a fragile cover over your septic tank, and put measures in place to ensure that a visitor and his property would not be injured or damaged.

Ideally you would have ensured that your septic tank cover would survive any reasonably foreseeable occurrence such as a visitor driving over it. As a minimum you would have warning signs in place and would have warned the delivery company not to drive beyond the warning signs because of the hidden fragile tank.

Did you do that?

user1977

doctor40 said:

user1977 said:

If the septic tank cover is in the driveway, why couldn't it cope with a van being driven over it? I'm not sure why the driver is being held responsible.

Sorry, to explain a bit better, it's up the side of the garage where there isn't a driveway. He chose to go up there. We don't go up there and no one in the 15 years I've lived here has chosen to do that.

But "there's a big hole in my drive" apparently? If even you get confused by it, is it unsurprising a visitor might too?