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Who is liable for damage caused by police?(7 Posts)
Summary- 2 weeks after moving into flat my son has the police visit saying they've had a welfare call regarding flat next door. Apparently could be old lady who hasn't been seen or heard of for a few weeks. Son asks are they sure it's the right address and police/paramedics say it is. Son explains he moved in only 2 weeks prior so isn't aware of anyone next door and/or of their movements. Police leave and say keep us updated.
Following day son tries next door a few times and still nothing so updates police. They then come and smash the door down to discover a furnished flat but no one there. Turns out it is a second property for a couple who use it occasionally. Worth pointing out that the flats usually have a porter service but as this occurred at the weekend no porter was there to talk to police in the first instance.
Couple now tell son it is all his fault and they are going legal to cover cost of damage to door. Police had told my son it is not his fault they were going to smash door down and it was their decision. Where the original welfare call to the police came from they obviously cannot say but clearly it was wrong!
Where does my son stand on this? His letting agent says he is not liable and that is my gut feel too.
Any advice much appreciated thank you!
Of course he isn't liable. He never touched the door for a start
No he isn’t liable and if the police can tell them that then all the better.
If they harass his he should report that.
Their insurance will cover it.
They are being ridiculous. Let them go legal, it will come to nothing other than a bill from their lawyer to tell them they are being ridiculous.
Even if it had been your son that had called the police, he would not be liable for anything that ensure (assuming it was in good faith). So it stops there. The neighbours can do what they want, really, but even if they managed to get it to court as a small claim, it would be thrown out.
Neighbours really should have set their insurers on the matter (from the OP I do wonder if the insurers have suddenly discovered the "second home" bit and it invalidates their cover ). Insurers would then sort out payment. In theory the police should pay, but they are under no obligation to which would mean it becomes a claim on the neighbours insurance.
Some insurers wint pay out if it's a welfare check from the emergency services. It's a shame the po,ice asked your son to update them, its not his responsibity . Let them do what they want, they are just being cf.
Most insurers won't pay out if the house is unoccupied for more than 30 days (sometimes 60).
OP's son hasn't touched the door, nor initiated a police enquiry or attendance at the flat, just advised them that the flat remained empty. Hard to see what liability you could have for that.
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