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lilywort | Is the public house or anyone liable for the damage to my fence? |
Vandals? set light to the pub's wheelie bins which were the other side of my fence, consequently my fence caught fire and there is considerable damage. My Buildings Insurance say this is 'malicious damage' therefore they will not cover the cost for repairing the fence. Is the pub liable for leaving the bins next to my fence? |
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jk_thegooner
 |
I would ask the landlord/owner very nicely if he would claim for the damage casued to your fence, as a result of the bins being left against it.
Hopefully he will see reason, and accept some of the responsibility then claim for a repair to your fence with his own claim for any other damage done.
It's in his interest to keep the neighbours happy. |
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Knownow't
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Sounds like a long legal argument to me.....I would at least write to the Pub or Pub chain and make a claim in writing stating that you hold them responsible...who knows they may agree although I doubt it....I would at least get a crime number off them and then contact the Police if you haven't already and ask to be put onto that crime report in case they actually catch someone and then you may be able to claim compensation.....You surprise me when you say your own insurance company won't pay out....when you renew see if you can get cover for malicious damage from another insurer.
How can they prove it was malicious if no one was caught, perhaps someone who was smoking outside put what they thought was a dead 'tab end' in the bin and ACCIDENTALLY set the bin on fire...you would be covered for accidental damage...can only prove malicious intent when someone is caught. |
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Jifr
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Ummmm.....
That doesn't sound right to me.
Malicious mischief is just another way of saying vandalism. Vandalism is usually a covered cause of loss....
There must be more to it than that.
And....Fire is the resulting damage of the vandalism. If they are not going to provide vandalism coverage........does your policy have FIRE as a covered cause of loss?
Something doesn't sound quite right to me so.....look into it a bit more. If you have the policy - read it yourself before you call your insurance company back to discuss it.
The pub would not have any liability for acts of others outside of their control.
Goodluck to you!
~jifr! |
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Bardic
|
Sounds like your insurers are wriggling. I agree with Knownow't, unless someone has been caught it's entirely possible that it was an accident. I'd expect the pub's insurance to pay. If they're being intransigent too, I'd have a word with the CAB for advice on how to handle this. |
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dimples_in_nj
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A fence in many jurisdictions is considered "common ownership" between those whom share it. The owners are normally considered "joint" responsible for its repair.
I suggest the following:
1. Obtain a copy of the police/fire incident report from your local municipality. (Review, to determine if any liability is determined)
2. Research if the "wheelie bins" location were up to code. (Normally you must keep items away from a fence a certain distance.)
3. Send a letter to the property owner that is suspected to be the root cause.
What you are attempting to do is have the other property owner assume responsibility for the loss in good faith and using all available resources to lure them to do so. Otherwise, the owner may have a strong defense that a third party is liable for the damages and at present time is undetermined. |
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stephenweinstein
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1. If possible, I would prefer that you sue the vandals. I think that they should pay, instead of the pub or the insurance. If the vandals cannot be found, then I do not know what you should do.
2. I do not understand how 'malicious damage' from fire is not covered. Isn't arson also 'malicious damage'. If the vandals had lit your building and burned your building to the ground, would insurance cover that? |
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jamand
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All I can say is 'Possibly' - they do have a responsibility to ensure that their property and everything on it is secure and safe - however, they could possibly argue that they could not have foreseen the actions of a mindless pillock setting fire to a bin.
If the fence is yours - you could possibly then counter with an argument that the landlord was negligent as to possible damage by placing the bins there -
It is not cut and dried in favour of either party to be honest.
What does the pub say - if they deny any responsibility - go directly to the pub's Head Office and talk to them and tell them that you feel the landlord was negligent - if possible quote others actions of this type in the area. |
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