Potential car damage liablility - House

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Fri 30 Jul 2004 22:35
Potential car damage liablility - House - Hugo {P}
SWMBO and I have a disagreement.

Part of out property, an old shop front in serious disrepair, fronts straight onto the road puplic highway, where two of our neigbours park their cars. Parts of the frontage could possibly fall onto neighbours' vehicles.

To make necessary repairs could take a while, and we are planning to remove the shop front and convert this part of the property to residential accomodation, so we were planning to leave alone at the moment, as it is at least watertight.

My suggestion is to place a clear warning in the window to the effect that persons park at their own risk bearing in mind the poor state of the building. SWMBO doesn't think this would work at exempting us from liability. Who is right?

I am quite happy to make temporary repairs, removing any immediately dangerous hazards and making safe. My neigbours seem amicable enough, but their insurers may not be and other people that park there may not be.

Any advice please.

Thanks

Hugo
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Fri 30 Jul 2004 22:41
Potential car damage liablility - House - frostbite
I think wifey has it right - in fact you could even invite all sorts of unwanted action by drawing attention to it.

As it fronts directly on to a public place, the council or highways agency could sit up and take notice.
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Fri 30 Jul 2004 23:19
Potential car damage liablility - House - martint123
IANAL (I am not a lawyer) but...
If a tile is blown off your roof and damages a car then it seems it
is "an act of God" and you are not liable (I was suprised at this).
If you know something is in a bad sate of repair then you are negligent and liable for consequential damage.

Martin
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Sat 31 Jul 2004 08:29
Potential car damage liablility - House - Dwight Van Driver
>>>>>As it fronts directly on to a public place, the council or highways agency could sit up and take notice.<<<<<<<

.... and apply to a Magistrates Court for an Order to direct, within a time scale, you to execute works to make safe or demolish. Offence not to do so.

Building Act 1984 Section 78

DVD
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Sat 31 Jul 2004 08:59
Potential car damage liablility - House - Martin Devon
Wife is 100% right Hugo.

P.S. I was down in Kelly Bray last week. Nice part of the world methinks.

Regards. M.
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Sat 31 Jul 2004 11:05
Potential car damage liablility - House - Mark (RLBS)
>SWMBO doesn't think this would work at exempting us from liability Who is right?

She is. 100%.

Firstly it is not possible to exempt yourself from legal liability whatever signs you use, and whatever other steps you take.

Secondly, by putting up a notice you are acknowledging that not only is the building dangerous, you also know about it.

You need to fix, or at least make safe.
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Sat 31 Jul 2004 14:24
Potential car damage liablility - House - frostbite
Secondly, by putting up a notice you are acknowledging that not
only is the building dangerous, you also know about it.


Which means, according to my insurance co., recently (and somewhat gleefully, I thought) because you know about it, you are not insured.
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Sat 31 Jul 2004 17:55
Potential car damage liablility - House - Hugo {P}
OK that's that settled.

One nil to SWMBO!

Memo to myself:

1 - Fix or make safe potential hazard

2 - Don't let the wife see this thread!

Thanks for all your responses - all of which make sense really, it's not the first time I've been wrong and I'm sure it won't be the last.

Hugo

PS, Martin - why didn't you let me know you were coming, I would have put the kettle on! I live about 4 miles from Kelly Bray. Have you got a job on there?

Hugo
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