Car park - liability for damage caused by poor maintennance?
Discussion
I am not going to post the photos herd for blindingly obvious reasons.
My initial reaction was the same as many here, that it was my wife's fault. Then I visited the car park and changed my mind.
The edge of the road is demarked by a white line. The barrier provides beyond that line. My wife was swinging left onto the road, the pho tugging part of the barrier was not visible from the drivers seat and was in a position such that if effectively reduced the road width got vehicles turning left. The protruding part has several colours of paint on it.
But k am not looking got judgement. No one here has seem the barrier. I am looking for strategies.
My initial reaction was the same as many here, that it was my wife's fault. Then I visited the car park and changed my mind.
The edge of the road is demarked by a white line. The barrier provides beyond that line. My wife was swinging left onto the road, the pho tugging part of the barrier was not visible from the drivers seat and was in a position such that if effectively reduced the road width got vehicles turning left. The protruding part has several colours of paint on it.
But k am not looking got judgement. No one here has seem the barrier. I am looking for strategies.
Garybee said:
What is the "blindingly obvious reason" for not posting the picture? I can't see how a picture of this dangerous street furniture being in the public domain would do you any harm.
The blindingly obvious reason is presumably that most will still disagree that there is a claim. blueg33 said:
I am not going to post the photos herd for blindingly obvious reasons.
My initial reaction was the same as many here, that it was my wife's fault. Then I visited the car park and changed my mind.
But k am not looking got judgement. No one here has seem the barrier. I am looking for strategies.
The recommended strategy would depend on the circumstances and that includes a judgement call on whether it is reasonable that your wife wouldn't see or expect the obstruction to be there.My initial reaction was the same as many here, that it was my wife's fault. Then I visited the car park and changed my mind.
But k am not looking got judgement. No one here has seem the barrier. I am looking for strategies.
I have no idea what this blindingly obvious reason for not posting the picture would be, but without it I doubt anyone can really advise you how to get the damaged paid for without going through your own insurance. Which is probably the best thing to do, give them the photograph and let them sort it out.
I wonder if the person who initially hit the barrier informed the supermarket so the supermarket could claim for a new barrier from their insurance, I doubt it.
If they did maybe they could pass on their details so you could claim off them.
Similiar to debris jobs on the motorway? People want to claim from the highway authority as first option,
No claim from the knobber who didn't secure their bike you just ran over to the roof rack if they bothered to stop.
Or claim from the truck driver who just lost half his load in front of you.
If they did maybe they could pass on their details so you could claim off them.
Similiar to debris jobs on the motorway? People want to claim from the highway authority as first option,
No claim from the knobber who didn't secure their bike you just ran over to the roof rack if they bothered to stop.
Or claim from the truck driver who just lost half his load in front of you.
Garybee said:
What is the "blindingly obvious reason" for not posting the picture? I can't see how a picture of this dangerous street furniture being in the public domain would do you any harm.
Because it will identify the store and increases the risk of prejudicing any case that may arise. I should have known better, as usual ph springs to judgement , flaming the op. Why are most people incapable of taking an op at face value?
There is little point in me fabricating stuff and posting it on the net.
Like I said, my view changed after I saw the barrier.
I suspect the next response will suggest that I am annoyed because I didn't get the answer I wanted. Well that will be wrong too.
Merry Christmas
blueg33 said:
I am not going to post the photos herd for blindingly obvious reasons.
.......No one here has seem the barrier. I am looking for strategies.
No one at all has seen the barrier or ever could since you said in your OP that it was invisible .......No one here has seem the barrier. I am looking for strategies.
Anyhow, joking aside, strategies:-
1) wife pays and you remind her of it for eternity
or
2) contact insurer to report it (both as a potential liability for damaging the barrier and potential claim by your wife on the policy and or against the supermarket) but ask for advice on options - perhaps their assistance generally or you might have legal expenses insurance - if not, then consider paying for solicitors yourself / attempting to do it yourself
whatever you end up doing you should report it to supermarket without delay along with a request for the CCTV of incident and anyway take lots of pictures of barrier
blueg33 said:
Because it will identify the store and increases the risk of prejudicing any case that may arise.
I should have known better, as usual ph springs to judgement , flaming the op. Why are most people incapable of taking an op at face value?
There is little point in me fabricating stuff and posting it on the net.
Like I said, my view changed after I saw the barrier.
I suspect the next response will suggest that I am annoyed because I didn't get the answer I wanted. Well that will be wrong too.
Merry Christmas
Hokum pokum. Posting photographs of the car park here or anywhere else will have no prejudicial effect on your dispute. I should have known better, as usual ph springs to judgement , flaming the op. Why are most people incapable of taking an op at face value?
There is little point in me fabricating stuff and posting it on the net.
Like I said, my view changed after I saw the barrier.
I suspect the next response will suggest that I am annoyed because I didn't get the answer I wanted. Well that will be wrong too.
Merry Christmas
blueg33 said:
There is little point in me fabricating stuff and posting it on the net.
Like I said, my view changed after I saw the barrier.
Not sure who said you were making it up, but perhaps other posters would change their view, as you did, on seeing the obstruction?Like I said, my view changed after I saw the barrier.
Merry Christmas to you too
pork911 said:
blueg33 said:
I am not going to post the photos herd for blindingly obvious reasons.
.......No one here has seem the barrier. I am looking for strategies.
No one at all has seen the barrier or ever could since you said in your OP that it was invisible .......No one here has seem the barrier. I am looking for strategies.
Anyhow, joking aside, strategies:-
1) wife pays and you remind her of it for eternity
or
2) contact insurer to report it (both as a potential liability for damaging the barrier and potential claim by your wife on the policy and or against the supermarket) but ask for advice on options - perhaps their assistance generally or you might have legal expenses insurance - if not, then consider paying for solicitors yourself / attempting to do it yourself
whatever you end up doing you should report it to supermarket without delay along with a request for the CCTV of incident and anyway take lots of pictures of barrier
It has been reported to the store and lots of photos taken.
Thinking overnight and besting in mind my time pressures I will probably let the insurers handle it.
blueg33 said:
I should have known better, as usual ph springs to judgement , flaming the op. Why are most people incapable of taking an op at face value?
Is the barrier is sticking out into the road in a manner which a driver would not be expected to observe then you probably have a case for a claim, otherwise suck it up and make a claim off your insurance, that is what it is there for, a photograph could let people make a decision of which would be the best course of action.
allergictocheese said:
blueg33 said:
Because it will identify the store and increases the risk of prejudicing any case that may arise.
I should have known better, as usual ph springs to judgement , flaming the op. Why are most people incapable of taking an op at face value?
There is little point in me fabricating stuff and posting it on the net.
Like I said, my view changed after I saw the barrier.
I suspect the next response will suggest that I am annoyed because I didn't get the answer I wanted. Well that will be wrong too.
Merry Christmas
Hokum pokum. Posting photographs of the car park here or anywhere else will have no prejudicial effect on your dispute. I should have known better, as usual ph springs to judgement , flaming the op. Why are most people incapable of taking an op at face value?
There is little point in me fabricating stuff and posting it on the net.
Like I said, my view changed after I saw the barrier.
I suspect the next response will suggest that I am annoyed because I didn't get the answer I wanted. Well that will be wrong too.
Merry Christmas
blueg33 said:
Are you a lawyer with experience of litigation?
More to the point, are you?Perhaps you could explain how posting a picture of a car park, which thousands of customers use every day and is in plain view, which you or I could photograph at any time, your pictures of which will be shared with the supermarket as prior disclosure well in advance of any trial on liability, will in any way effect your chances of success?
in defense of the op - what if a biker hit something not very visible and severely injured themselves (or a cyclist)? Eg running into a bit of metal barrier. I would of thought there must be some kind if duty of care if you are providing public access to your premises.
Eg are you (naysayers) telling me that if a lift-shaft was left open in Bluewater and somone walked into it there there would be no come back? Would you be saying tough-tittie cos the person shoud've seen it? What about a cheesewire stretched across a road? After all, it is visible right?
Eg are you (naysayers) telling me that if a lift-shaft was left open in Bluewater and somone walked into it there there would be no come back? Would you be saying tough-tittie cos the person shoud've seen it? What about a cheesewire stretched across a road? After all, it is visible right?
CoolHands said:
in defense of the op - what if a biker hit something not very visible and severely injured themselves (or a cyclist)? Eg running into a bit of metal barrier. I would of thought there must be some kind if duty of care if you are providing public access to your premises.
Eg are you (naysayers) telling me that if a lift-shaft was left open in Bluewater and somone walked into it there there would be no come back? Would you be saying tough-tittie cos the person shoud've seen it? What about a cheesewire stretched across a road? After all, it is visible right?
Which is why the question of blame is meaningless without pictures.Eg are you (naysayers) telling me that if a lift-shaft was left open in Bluewater and somone walked into it there there would be no come back? Would you be saying tough-tittie cos the person shoud've seen it? What about a cheesewire stretched across a road? After all, it is visible right?
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