Slate

[Chippy_Tea]

I have just noticed one of my neighbours house has a slate hanging over the edge of the gutter, i have knocked but he is not there so i have left a note to warn him, his roof is in a right state and a couple of years ago a slate came off and damaged another neighbours car, this neighbour asked him for compensation and he was told it was an act of god so he didn't have to pay, now i have warned him do i have any claim if the slate hits my car?

I cannot park very far away as parking space is very limited where i live.

 

[morethanworts]

If there were a god :hmm: , it would be hard to hold him responsible for negligence once the owner was clearly aware of a loose slate - even if it takes wind to blow it off. The fact that the wind will sometimes blow is predictable and reasonable action should be taken to allow for it! If it was not reasonable to assume the owner should have spotted the loose slate and he was not unduly negligent, then I guess maybe there would indeed be no claim.

My layman's guess would be that if you made him aware in writing of your concern (and keep a photocopy), took reasonable action to park your car away from the danger zone where possible, while he has a reasonable amount of time to fix the problem, then you will have done just about everything possible to make any civil claim the law may allow. His home insurance should indemnify him against such claims. Keep records of all your communications with him. Put everything in writing and keep a copy. I guess you'd have to prove that it was his slate that caused any damage, if there were any. Have a camera charged up.

(Oh... and if you're really concerned, take proper legal advice - not my ramblings! Maybe your car or home insurer could advise, to a point.)

 

[Chippy_Tea]

Thanks for the reply, it was my neighbour from across the road who warned me about the loose slate as he had seen it from his bedroom window, i will give him a few days and park as far away as i can.

 

[bobsbeer]

I think a judge would take a dim view if you didn't move your car. Wind is starting to drop in Milnthorpe.

 

[Aleman]

It becomes a claim against his third party liability on his insurance . . . if he doesn't have insurance, then tough luck on him he has to pay . . . and claiming Act of god in the small claims court will not be an adequate defence.

 

[Chippy_Tea]

I think a judge would take a dim view if you didn't move your car. Wind is starting to drop in Milnthorpe.

It has dropped quite a lot here Bob but still very blustery.

 

[Chippy_Tea]

It becomes a claim against his third party liability on his insurance . . . if he doesn't have insurance, then tough luck on him he has to pay . . . and claiming Act of god in the small claims court will not be an adequate defence.

Thanks. :thumb:

 

[Aleman]

I think it has already been contested in 'crown' court and a precedent already set :hmm: :hmm:

 

[Welsh_Wizard]

Have you considered getting a ladder?

Far cheaper than a small claims court!!!

 

[Chippy_Tea]

If it was my house i would but i don't have a ladder and as its not my roof i would not want to put a ladder up on his house.

I have done everything i can, the slate is still there.

 

[Tim_Crowhurst]

I think a judge would take a dim view if you didn't move your car.

Not if Chippy lives in an area where parking is at a premium, and can prove there was no other reasonable place to park. I'm sure I'm not the only person who lives on a road where parking spaces make hen's teeth look common. It's one of the reasons I cycle rather than drive (the other is that, between 7am to 9.30am, and then 3pm to 7.30pm, pushbikes are quicker than cars in my town).

 

[johnnyboy1965]

Is it a genuine risk to the public, outside the boundaries of his property?

 

[Vossy1]

I had a similar thing happen. We had 2 motorbikes in our garage, the garage is in a block of privately owned garages and the adjacent garage had a broken door, the garage itself was used as a dumping ground by my neighbours, old settees cardboard boxes etc.
One night I saw kids throwing fireworks in it and I soon thought what if it went up and took my garage with it (which it would have done) including our bikes. I took pictures of the garage and it's contents and phoned my insurance company, then sending the pictures to the person I was speaking to.
Their advice was to 1st contact the person saying my insurance company had been made aware of the potential risk thier garage served and that they would pursue the garage owners IF anything were to happen to my garage as a result of their negligence, and to say that I'd taken pictures as supportive evidence. The insurance company were prepared to send a letter but I'd of had to pay £25. I did as they said and a few weeks later the garage was cleared and a new door put on.
Your neighbour may not be as forthcoming but it's worth a shot. If the slate overhangs or could fall on a passing member of the public might be worth contacting your local council.

 

[Chippy_Tea]

Thanks.

 

[artyb]

i'd contact the council,
and say one of his roof tiles have fell off his roof and just missed you,
while you were walking along the council footpath/road....

it must be a bit like overgrowing trees that are a danger to the public