Advice re if my car should get damaged

[wrinkly67]

I live on a narrow country lane. I can only park outside my house on the road and it is necessary for it to be that close as my husband is disabled. At the opposite side of the lane, the hedge has been removed for future development of a drive and temporary grid metal fencing, each panel about six foot high and eight foot long, has been erected. I have no problem with that, just anxious that if it blows down or is knocked over, my car would be damaged. Who would be responsible?

[geared]

Whoever is responsible for the panels.

 

If a builder put them up while he works on the driveway and fencing then it's his insurance that pays for the mess.

If the homeowner is doing all the work themselves then their insurance will have to cover it.

[Obelix]

I live on a narrow country lane. I can only park outside my house on the road and it is necessary for it to be that close as my husband is disabled. At the opposite side of the lane, the hedge has been removed for future development of a drive and temporary grid metal fencing, each panel about six foot high and eight foot long, has been erected. I have no problem with that, just anxious that if it blows down or is knocked over, my car would be damaged. Who would be responsible?

 

The people who caused the fence to be erected which would be the landowners.

 

If the fence in on the highway then the local council.

 

Your car insurance, if fully comp will cover you for damage should it happen.

[fountain36]

guess the contractor but maybe ultimately whoever has contracted the contractor also has a responsibility or duty of care.

[smithy266]

Have a friendly chat to them and tell them of your concerns. They may then do all they can to put your mind at rest.

[Andy1976]

None of this is quite right I'm afraid.

 

It all depends on whether the person who has installed said fencing has taken reasonable care to install it safely. There's no absolute duty in law in cases of this. The only time that there's an absolute duty is if you bring something dangerous onto your land which then escapes (Rylands v Fletcher etc).

 

The person who paid the contractor to install the fence has an absolute defence under the Occupiers Liability Act if they employed a competent contractor. They can then pass all liability onto that contractor.

 

The contractor would have a good defence if he could show that he installed it safely, or that the collapse couldn't be foreseen, which would be the case if someone tampered with it.

 

It's never cut and dry with situations like this, but as the last person said, have a friendly chat with them, and mention your concerns. It may be that there's nothing they can do realistically, but at least they're aware.