Damage from today's Storm

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Richard C
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Damage from today's Storm

Post by Richard C » Sun Feb 09, 2020 4:50 pm

My neighbours fence blew out this afternoon during today's storm & has TOTALLY wrecked the 2m x 2m panel surround which houses our wheely bins, coal & wood bunkers, the fence panel also hit our French doors but thankfully didn't cause any damage or smash the glass. Is he liable for the damage?

IdefixUK
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Re: Damage from today's Storm

Post by IdefixUK » Sun Feb 09, 2020 8:25 pm

Richard C.

A quick look at the B and Q website indicates that a new panel will cost around £50, I think if I were in your shoes I'd wait a day or two to see if the neighbour offers to pay, if not I'd just get on and mend it myself.

For small claims to be put through insurers seems a waste of time and will possibly effect future premiums for that individual property, and certainly adds to the overall natinal insurance costs for this storm event, which will push up premiums generally. I rather suppose that the total repair bill can be kept under the policy excess amount if you show willing, and perhaps with a helping hand from your neighbour to erect a new panel.

Sometimes life is too short...


Regards

Collaborate
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Re: Damage from today's Storm

Post by Collaborate » Mon Feb 10, 2020 12:23 am

It's an "act of God", and as such is unactionable.

MacadamB53
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Re: Damage from today's Storm

Post by MacadamB53 » Mon Feb 10, 2020 7:57 am

Collaborate wrote:
Mon Feb 10, 2020 12:23 am
It's an "act of God", and as such is unactionable.
+1

stufe35
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Re: Damage from today's Storm

Post by stufe35 » Mon Feb 10, 2020 9:56 am

My view is.....If a man made structure blows over in the wind, it has either been inadequately designed, not erected in accordance with the design, or inadequately maintained. - it falls over because of mans inadequacy's it is nothing to do with God !

But thats just my view....!

Clifford Pope
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Re: Damage from today's Storm

Post by Clifford Pope » Tue Feb 11, 2020 11:22 am

stufe35 wrote:
Mon Feb 10, 2020 9:56 am
it falls over because of mans inadequacy's it is nothing to do with God !

Perhaps the difference between mere inadequacy and culpable negligence is determined by God?

Richard C
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Re: Damage from today's Storm

Post by Richard C » Tue Feb 11, 2020 1:39 pm

Just to clarify, my enclosure was well constructed & withstanding the wind quiet happily until two of neighbours fence panels blew out, one launched itself & flattened my bin enclosure before crashing into our French doors, only minor scuffing which will polish out &, luckily, the glass didn't break.

Unfortunately it's not just one panel, it's 3 + the posts, hinges, hardware (one panel swings out for access) & fixing cost so probably going to cost me £200+ & that's for a DIY job!


stufe35
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Re: Damage from today's Storm

Post by stufe35 » Tue Feb 11, 2020 5:10 pm

https://www.financial-ombudsman.org.uk/ ... orm-damage

Id suggest -Get a quote to fix the damage to your property, and give it to your neighbour asking them if they want to pay direct or go through their house insurance.

MacadamB53
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Re: Damage from today's Storm

Post by MacadamB53 » Tue Feb 11, 2020 8:00 pm

comparing apples and oranges:

The Health and Safety Executive (HSE), which brought the prosecution, said the contractor should have carried out a more thorough risk assessment because the impact of collapse were "forseeably catastrophic".
Kidderminster Magistrates' Court heard the woman's injuries were sustained two weeks after another part of the perimeter fence had blown over in the wind, when nobody had been hurt.
The company pleaded guilty to breaching safety regulations.


not quite the same circumstances...

stufe35
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Re: Damage from today's Storm

Post by stufe35 » Tue Feb 11, 2020 8:49 pm

I agree the circumstances are not the same mac, but I am struggling with the concept that I can build any old structure in my garden and if it blows away and destroys someone's property or kills their children I can shrug my shoulders and say it was an act if god. The owner of the structure must be responsible surely. .

Collaborate
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Re: Damage from today's Storm

Post by Collaborate » Wed Feb 12, 2020 7:30 am

stufe35 wrote:
Tue Feb 11, 2020 8:49 pm
I agree the circumstances are not the same mac, but I am struggling with the concept that I can build any old structure in my garden and if it blows away and destroys someone's property or kills their children I can shrug my shoulders and say it was an act if god. The owner of the structure must be responsible surely. .
The owner if the structure would only be held liable if the fence was in such a poor condition that this was inevitable. The evidence for that may well not exist any more. In the wind we had last weekend some well built structures were blown over.

There isn't always blame or, indeed, responsibility.

stufe35
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Re: Damage from today's Storm

Post by stufe35 » Wed Feb 12, 2020 8:16 am

The evidence that the fence was in poor condition is irrefutable...it collapsed when it shouldn't have.

As a civil engineer i would comment that any structures that blew over last weekend cannot possibly have been well built.

They suffered from one or more of the following defects:

1. They were not designed in accordance with recognized standards.
2. They were not not constructed or erected in accordance with the design.
3. They were not subsequently inspected and/or maintained properly.

MacadamB53
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Re: Damage from today's Storm

Post by MacadamB53 » Wed Feb 12, 2020 9:07 am

stufe35 wrote:
Wed Feb 12, 2020 8:16 am
The evidence that the fence was in poor condition is irrefutable...it collapsed when it shouldn't have.

As a civil engineer i would comment that any structures that blew over last weekend cannot possibly have been well built.

They suffered from one or more of the following defects:

1. They were not designed in accordance with recognized standards.
2. They were not not constructed or erected in accordance with the design.
3. They were not subsequently inspected and/or maintained properly.
define “properly” for the circumstances being discussed...

stufe35
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Re: Damage from today's Storm

Post by stufe35 » Wed Feb 12, 2020 9:50 am

Mac...heres my first stab at it...!

Inspections should be carried out such that the need for repairs or replacement are identified and carried out before structural failure occurs.

https://www.bbc.co.uk/news/uk-england-30780504

"Health and Safety Executive (HSE) accused it of failing to properly inspect and maintain the fence lining the queue."

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