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Who would be liable

5 replies

GarageDoorQuestion · 19/08/2021 15:58

NC as probably outing if you know me.

A neighbour has a house garage where the back faces the front of our street.

Against the back of the garage, there's an old, unused garage door resting against the back of the garage (probably had it changed then not bothered to dispose of the old) they can't see it ever so doesn't bother them.

The door makes the rest of the street look untidy and is annoying, it's on a patch of grass but the council claim it belongs to the owner so not their problem.

If a kid was playing and grabbed the garage and it fell, and the child was injured, who would be liable? It's basically on the street, so not like walking onto someone's property, would the council be liable for shirking the fly tipping responsibility or would the owner for leaving something potentially dangerous? Or is it just the child's fault for playing with it?

OP posts:
GarageDoorQuestion · 19/08/2021 21:14

Very hopeful bump

OP posts:
Whenitsjustyourclockreading505 · 19/08/2021 21:41

I imagine the owner.
The council aren’t shirking any responsibility as it isn’t fly tipped if it’s the owners property on the owners land.
If a kid trespasses on your property and hurts themselves they could claim for personal injury & you could be liable, I don’t see why the garage door situation on private land is any different.
Have you tried speaking to the owner?
www.legalexpert.co.uk/how-to-claim/personal-injury-on-private-property/

GarageDoorQuestion · 19/08/2021 22:00

[quote Whenitsjustyourclockreading505]I imagine the owner.
The council aren’t shirking any responsibility as it isn’t fly tipped if it’s the owners property on the owners land.
If a kid trespasses on your property and hurts themselves they could claim for personal injury & you could be liable, I don’t see why the garage door situation on private land is any different.
Have you tried speaking to the owner?
www.legalexpert.co.uk/how-to-claim/personal-injury-on-private-property/[/quote]
Thank you! I thought this would be the case.

I believe the council may be a bit off in this situation as there's a tiny grass bit which they do cut underneath the door, but they state it's not their property, so who knows.

I have tried talking to him, months ago, he sort of said he would move it (broken English) but seemed dismissive and wanting the conversation to end. Then nothing happened to I contacted the council, they also did nothing until I chased. I just wanted to make sure that he was liable if injury occurred before I went back to him and said this.

Luckily my child isn't old enough yet to go wandering around the street, but it's been there at least 3/4 years and I don't want to get to the situation where I have an injured toddler/child so I would rather give him this information. He doesn't seem like he wants to move it, so I just wanted to tell him what will happen in case of injury.

Thanks again for confirming 😊

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Whenitsjustyourclockreading505 · 19/08/2021 22:07

Is it a metal door? Just wondering because we get the local scrap man driving around looking for stuff to pick up. Maybe give a scrappy a ring and tell him there’s a huge metal eyesore that’s been dumped, they might come & just Chuck it on the back of their truck?
Good luck!

GarageDoorQuestion · 19/08/2021 22:27

It's a large metal garage door. I have considered calling the scrap man, but again wasn't sure of the legal ramifications or if they would ask the owner. Not too sure if I care any more, I just want it gone.

Thanks! Fingers crossed it won't be there much longer and our little street will look lovely and not like a scrapyard! 😅

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