Legal eagles

[weebarney]

Sorry not horse related. If a garden table is blown from a garden and hits a neighbours car causing damage is owner of table liable for the damage or not? Ps not my table or car, it's a friends.

 

[piebaldsparkle]

Yes, table clearly not adequately secured. LOL unless you live in Kansas!! Not many hurricanes in UK though.

 

[AmyMay]

Yes.

 

[weebarney]

Thanks. Was winding me up as her friend kept saying its an act of god so nothing she could do. Sounded like crap to me.

 

[Spotsrock]

Yes absolutely

 

[Surreydeb]

Not necessarily. We had part of a tree in high winds damage neighbours garage roof . Tree was looked after and trimmed etc. insurers said we were not liable as were not negligent. We did of course help with repairs but the neighbours had to claim on their own insurance.

 

[Spotsrock]

The case I believe is rylands v fletcher. The item was on their property not firmly affixed and escaped causing damage.

 

[Honey08]

Seriously though, who nails down their garden furniture??

 

[weebarney]

Well I'm assuming it was a plastic table so would have just needed turning over and something heavy put on it.

 

[smellsofhorse]

Umm. Not sure.

You could say act of god.
Most people don't screw a garden table down and 99% or the time it stays put.
There would be extreme weather to move.
Not at all intentional or due to owner bring neglectful.

 

[Spotsrock]

That's the point there's no need for it to be intentional or neglectful just for reasonable person to see it could happen so if plastic type light furniture in windy weather umm yea I can see it happening

 

[Dry Rot]

The case I believe is rylands v fletcher. The item was on their property not firmly affixed and escaped causing damage.

Quite correct!

"Rule in Rylands v Fletcher"; that "the person who for his own purpose brings on his lands and collects and keeps there anything likely to do mischief, if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape".

The case involved the construction of a reservoir that "escaped", so flooding a neighbouring property.

 

[Pearlsasinger]

Seriously though, who nails down their garden furniture??

Those who live at the top of our hill!

Unfortunately we can't nail down the wheelie bins and as they've been emptied today, there's rubbish and bins all over the place.

 

[mon]

Another question grass fields higher than house which is built at bottom of valley with busy train tracks built up higher than garden very close to house, they are complaining that water saturating garden is it the responsibility of land owner to divert water or house owner where water naturally finds own level.

 

[Dry Rot]

Another question grass fields higher than house which is built at bottom of valley with busy train tracks built up higher than garden very close to house, they are complaining that water saturating garden is it the responsibility of land owner to divert water or house owner where water naturally finds own level.

The normal rule is that a landowner must accept water coming from above. There may be special legislation regarding railways. Best to consult a solicitor as this could be a complicated one.