Car damage on private property HELP!!

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Wed 13 Jun 2012 10:50

Car damage on private property HELP!! - rmh1

We own and run a small business centre and need some initial advice regarding who is liable for £600 of damage caused to a Tenant's customer's car last week.
The damage occurred when an un-secured entrance gate was blown into the customer's car. We have a disclaiming notice in the car park, and all the tenants are advised to secure the gate. None of the tenants are admitting opening the gate on that morning but we are waiting for cctv from a nearby business which could identify the tenant opening and not securing the gate.
The owner of the damaged car has written to us asking for our insurance details but we have not yet replied. In his letter he mentions that he saw the gate 'moving in the wind' yet he still entered the site. Also, no one witnessed the incident, although there is damage to the gate which will need attention as it is now difficult to lock-could we make a counter claim? And if so, against the car driver or the tenant?
If we identify who didn't secure the gate, are they liable or ourselves as owners?

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Wed 13 Jun 2012 14:52

Car damage on private property HELP!! - tony g

Hi,
My thoughts would be ,that you are only liable if the person who's car was damaged can prove negligence on your part .

Was the gate in a state of disrepair ,we're the disclaimer notices clearly visible .

My thought would be that the claimant is responsible in part ,because he chose to drive through an unsecured gate .In addition the individual who left the gate unsecured could be considered negligent and liable .

Regards

Tony g

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