Inflatable hire (no Ts and Cs). Who is liable for damage?

[DKmamma]

I hired an inflatable slide at the weekend for small function (13 adults). There were no Ts and Cs, but the owner did give us some rules of use which were all adhered to (no shoes, no more than 6 at a time *we actually had no more than 2, nothing to be carried on to the inflatable). The slide was brand-new when we used it. As far as we were concerned it seemed pristine after we had used it and the owner did not appoint any issues out on collection.

The owner is now saying that he noticed a small tear (size of 5p piece) whilst setting up for his next function, and says we must have caused it and that we need to pay to repair it. Who is legally liable for the cost of this repair? I was never told that I would be responsible to pay for any damages, and I’m not even convinced that it was us who caused it.

If you damaged it beyond normal wear and tear, you are liable.

If the damage happened another way (e.g. the owner damaged it when transporting it) you are not liable.

What hard proof has he got it was caused by you? What documentation says you are liable? None it seems, so tough luck him.

He doesn't need any documentation to say the OP is liable. It is basic law. If you hire something and it suffers damage going beyond normal wear and tear while it is in your care, you are liable.

Thank you for the replies folks.

There is no hard proof that it was damaged during our use, only that it was damaged when he unpacked it the next day. It was quite obvious on the photograph he sent me so I’m sure he would have noticed it if was there on collection.

prh47bridge: is it not also basic law to inspect the unit for damage at the point of colllection and to point out any issues the hirer is liable for? Otherwise how do I know it wasn’t caused during assembly/disassembly/transit? As for going beyond normal wear and tear, that’s obviously very subjective: but I would argue that any minor damage caused by using the slide normally and sensibly should be considered normal wear and tear. The tear does not affect the operation of the slide (unit is still air tight) and is a V shape approx 1cm in height.

Thank you - I appreciate all your advice.

Can he show on the balance of probability that you caused the damage? Without ts and cs it's very difficult for him to hold you responsible for damage he suggests you did but that he didn't notice upon collection, assuming of course that the inflatable was inflated and in a position to be inspected? The damage could and probably was caused either during deflation or transport. I don't think you would be found liable legally providing he had an opportunity for inspection on collection. A bit like a hire car. If it is inspected at surrender, and all ok, you cannot be held responsible for someone dinging it in the car park after surrender.

is it not also basic law to inspect the unit for damage at the point of collection and to point out any issues the hirer is liable for

No, but his failure to do spot the damage at that point will make it harder for him to prove that you caused the damage. It raises the possibility that the damage happened after he collected the slide. This doesn't absolutely guarantee that you would win in court but it gives you a very good chance.

Thanks. It was inflated on collection and the damage is near the front, so could have been easily spotted (had it been there). His supplier have offered to fix it for free but he’s asking us for £130 to ship the unit to them and back again. The slide is still operational and the damage is tiny and superficial. He could just patch it himself with a bicycle puncture repair kit.

I would send them a letter/email saying this damage was not present when the inflatable was collected, and must have happened later, and the matter is closed. Their choice then is to do nothing or send a letter before action. I would ignore any other correspondence. If they send a LBA then you need to decide whether to pay or risk court action. (The LBA could be a bluff). Possibly I'd offer £65 without prejudice at that point. I'd want proper legal advice on my position and for £130 it doesn't seem worth it. But the same calculus applies on their side, probably they would't go to court for it either.

Thank you MusterMark. I'll do just that.

He doesn't actually have my address to post an LBA to. All he has is my telephone number and facebook messages and I have had to block him on both because of the constant and unprofessional messages.

I wouldn't offer anything. I would stick to the position that the inflatable was not damaged when collected. He would need to prove that, on the balance of probabilities, it was damaged on collection and that this is more than normal wear and tear. I think he would struggle.