Basketball net overhanging the road

[Harvey69]

Hi its great to join the site. I have a question regarding an basketball net on my housing estate that has the base on the edge of the pavement but the net overhangs the road. Last week I hired a van and drove from my house up the road and the top of the net caught the top of the van causing damage to the paint work, which I am having to pay for. Am I in my rights to get compensation from the owners of the basketball net? Thanks for your help.

Surely the van caught the top of the net as you drove into it? You should have been aware of hazards.

I can’t picture this, why would you have a basketball net overhanging a road? How would it be usable? Surely you would have to stand in the road to play?

@TheFlis12345 Hi thanks for your reply, you are correct they do have to play in the road. The stand is on the pavement but the net protrudes to the road. Pic attached.
@Sushione Hi thanks for your reply. I should have been more aware and a car would pass underneath no problem, but completely underestimated the height of the van.

Oh wow that’s ridiculous and incredibly dangerous! Who put it there? I’m assuming someone living on the street? I doubt you’ll have much luck with the owners if they stupid enough to think that’s a suitable place for a basketball net but I would be speaking to the council about it as that can’t be allowed.

Is it on someone's land or just dumped?

I'm afraid if there is something obstructing the road then it's on the driver to take appropriate action not to hit whatever is in the road.

Just like a tree branch , you should have been aware. But I dont think it's sensible to have it there no.

Whose net is it? And whose road? It seems a strange installation. If the road is public highway and the net is not owned by whoever administers the road (local council?), do they actually have any right to install it there? If the net was installed by the council, did they do a risk assessment on encouraging youngsters to play in the road and the effect on traffic? And why is there no road sign warning of the low clearance hazard? In either case, surely the owners of the net are reasonable for the damage it causes.

NB - IANAL.

It's a silly location for a basketball net.

BUT it was a very obvious hazard, and you drove into it, so I'd say this is on you. Cars parked on the road, kerbside skips, or wheely bins in the road on bin day are all similar hazards, and the onus is on you to see them and avoid them.

Good point. I assumed it had n installed there. But if it has just been dumped, then unfortunately the damage is probably your responsibility.

It pretty obvious from the picture that it hasn't been officially installed by anyone. It's a portable basketball hoop that has just been put there by someone random.

The onus is on vehicle drivers to avoid the hazards they see. And that is an obvious hazard.

A profession van driver 1) would see this and 2) drive around.
paint off the van would be their insurance claim not your fault.

To give another example - there is a big pile of rubble at the side of the road in the same picture. If you drove over that and damaged your car on it, whose responsibility do you think that would be?

Whether the rubble is normally there, or should be there, is besides the point. It was a visible hazard and you drove straight into it.

Looks to me like it has been dumped there. I would report it to the council waste service as a fly-tipping incident.

I don’t think it has been dumped, I think someone has put it there so their kids play with it in the street rather than in their garden!

Dumped, placed or installed, it should be reported to the council as fly-tipping.

Thanks for all you input.

1. it’s not dumped. It belongs to the family up the road and used by their kids
2. I should have been more aware and avoided it.

report it to highways department in council

I highly doubt they have the right to obstruct the public highway like this.

Why don't you dismantle it at night and then flog it on eBay and get some money back that way?

It obviously shouldn't be there, but it's not exactly difficult to see so you should have been able to easily avoid it. You made a decision when driving the van that you would probably be able to get in under the net, you were wrong and that's unfortunate but it's your fault.