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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To not want to pay for broken glass in a door?

20 replies

ccoleman90 · 13/12/2016 18:29

Please feel free to tell me I am being unreasonable, because I've got no idea where I stand!

I have a little unit in a warehouse filled with antiques/collectibles. I was bringing new stock in today and put some things down in the entrance away for people to pass and so I could get a trolley (there's two sets of double doors, one half wood and glass and one set mostly glass)

I've gone to get a trolley when people leave and one of my items has toppled over into the glass filled door and cracked the door. I didn't touch it and it's an uneven surface, so it just fell over.

Straight away I was bombarded by a staff member saying I'll have to pay for it, I said I was a stall holder and it was accidental and was still told I'd definitely have to pay.

I know the man who owns this and several other businesses and he is MINTED. Basically spends his life on holiday with his kids because he can afford to. I have a unit there that I pay rent for and have to have public liability insurance for incase anyone hurts themselves in my space or anything gets stolen or broken.

I know I probably am legally liable but it all just seems a bit mean to me. I tried to pin it on the trolleys being unaccessible and the slanted entry but was just told by everyone that I'd have to pay. I'm bloody skint this time of year thanks to my daughters first birthday and Christmas, it was a genuine accident.

AIBU? Should I just pay up?

OP posts:
NeedMoreSleepOrSugar · 13/12/2016 18:33

Yes, you should. If someone had set something down in the carpark and it accidentally toppled over damaging your car, would you expect them to pay you for the damage, or would you be happy to pay for it yourself?

That said, in both cases the owner of the property should have insurance ( which is if used you should be paying the excess for)

SnatchedPencil · 13/12/2016 18:34

Yes, I'm afraid you should pay up. It was an accident, but accidents have to be paid for.

YelloDraw · 13/12/2016 18:35

Yes, you should. If someone had set something down in the carpark and it accidentally toppled over damaging your car, would you expect them to pay you for the damage, or would you be happy to pay for it yourself?

Actually you would be told to claim on your car insurance.... that is what it is there for.

Bringmewineandcake · 13/12/2016 18:38

Let your insurance deal with it if the cost is worth it. You are responsible though - you put something down on an uneven surface and it fell, damaging someone else's property. Not on purpose of course, but still responsible.

BattleaxeGalactica · 13/12/2016 18:40

I'd find out if he has insurance first. There might be a clause that means you're liable but I wouldn't stump up just on his staff's say so.

Crispbutty · 13/12/2016 18:42

You didn't put your items down properly, if you had it wouldn't have toppled over and hit the glass. You should pay for the repair.

RortyCrankle · 13/12/2016 18:43

YABU. Of course you should pay, FFS why are you even asking? The owner being minted and you being skint is completely irrelevant.

Ameliablue · 13/12/2016 18:52

Yes you need to pay or check if your insurance will cover it.

SteppingOnToes · 13/12/2016 18:54

Legally you don't have to pay for an accident - that is what the business holder has insurance for. Morally I would personally...

SteppingOnToes · 13/12/2016 18:55

Accident meaning that it was an unforseen event, and you were not at fault.

Original poster
ccoleman90 · 13/12/2016 19:06

I only have public liability insurance for the space of my 6ft x 6ft stall, which is in a five storey high warehouse filled with hundreds of stalls like mine, so I'm sure the owner has insurance to cover these sorts of things. I know I'm liable but it does just seem mean to me, if I had a shop I'd just put it down to an accident and let my insurance cover it, but hey ho.

Guess I'll just have to see what the quotes are! It was a massive pane of glass too, although it just cracked a tiny bit at the bottom. Not looking forward to getting the email!

OP posts:
honeylulu · 13/12/2016 19:11

Check the terms of your lease. It's common for a leaseholder to pay "insurance rent" - effectively the tenants pay the landlords building insurance premium as part of the tent charged and the landlord covenants to use the insurance proceeds (resulting from a claim) to reinstate the damage. The effect of this (it's called a Mark Rowlands clause) is a subrogation waiver - landlord can't sue you for the damage even if he chooses bit to make an insurance claim, because you've already "paid" by funding the premium.
As I say, check your lease terms!

honeylulu · 13/12/2016 19:13

Rent charged not tent!

ChocolateWombat · 13/12/2016 19:17

Mean doesn't really come into it, neither does the fact you've got a one year old whose had a birthday and it's Christmas.

Clearly you wish it hadn't happened and you didn't have to pay....but unfortunately it did and there's no reason why the owner should be out of pocket at all....either your insurance or you need to pay, if their insurance won't cover it or they have an excess they are not prepared to pay.

It's one of those annoying things....but trying to wriggle out of it, or to say the richer person should bear the cost is just refusal to take responsibility.

Just out of interest, if you scratched someone car and no one saw, would you drive away to avoid paying?

Original poster
ccoleman90 · 13/12/2016 19:34

Chocolate Wombat, I know it doesn't come into it at all, it's just the reason why it's bothering me so much, it's come at the worst bloody time!

And no, I wouldn't, because it would be my shoddy driving that's damaged someone else's car. But this was just me putting something down in a fluster, weighed down with lots of stuff and something's toppled over and broken the glass. I know I'm liable but it's just bothering me.

OP posts:
specialsubject · 13/12/2016 19:48

So move on. And as everybody suggests, don't blow money you don't have on presents, especially for an infant that is clueless about DEC 25 and birthdays.

TheProblemOfSusan · 13/12/2016 19:51

I used to work somewhere the sounds EXACTLY like this and the owner was a total shithead. I've never had less respect for anyone in my entire working life. I would not want to cross him though - I'd refer it to your insurer because where I used to work they'd try and get one over you with things like this all the time and the insurer can take the crap for you I guess?

TheProblemOfSusan · 13/12/2016 19:53

Oops, just saw your post about insurance,sorry .

Bringmewineandcake · 13/12/2016 20:33

Good point from honeylulu definitely check your lease and see if you're already contributing to the Blgs insurance through your rent, if so then problem solved.

SteppingOnToes · 15/12/2016 15:02

I only have public liability insurance for the space of my 6ft x 6ft stall, which is in a five storey high warehouse filled with hundreds of stalls like mine, so I'm sure the owner has insurance to cover these sorts of things. I know I'm liable

Legally you aren't liable. Let them claim under their insurance...

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