Thurrock Council broke my windscreen strimming and refuse to pay!!

[Simonsnr]

I wonder where in their risk assessment does it mention it is safe to carry out strimming operations that close to property. If a person was walking within three feet of a strimmer in use and got injured, would they call the 'not negligent' card? Well I like to think that they would stop strimming to allow a pedestrian to pass safely and the same consideration should be given to property. I've worked with a fellow who takes the guard off the trimmer so he can get close into curbs and such like and he's lethal.

 

Yep, mentioned the fact that NO signs were in place (I guess they claim they don't need them, again because the hand book doesn't say so) I said that a basic risk assessment would obviously show that the car was too close, and that either: They should have knocked on the doors to get the car moved, or place a letter stating that the work would be done on a certain date and that the area should be made clear to allow them to do the work, or as a last resort, use some plywood sheets to deflect any debris away from obstacles, as I mentioned, their answer was that they don't have time for that!

He had no answer for the 'what if a person was walking past' even though i asked him (the manager of the strimmer gangs) several times.

 

I thought health and safety had gone mad?

[Simonsnr]

Hi,

 

Your insurance company probably wont be interested in contacting the council as the cost of them paying out, minus your excess will probably be cheaper than instructing a solicitor. The same would apply to you (I.E the prohibative cost of legal help would cost more than the value of the claim!)

 

Your best course of action would be to write them a letter asking them to explain the reason that they are refusing to pay for the damage that they have caused (you already know this, but you want written evidence) Then, write to them stating that you intend to take action via the small claims court, and any costs, plus a reasonable amount for time off work etc will be added to the claim. ( give them 14 days to pay)

 

This normally works, as the council will not want a legal judgment against them, and the cost of defending it would be more than the cost of settling!

If they decide to take it all the way..... they wont have a leg to stand on as you have the written evidence that they admit to the damage!

 

There is no need whatsoever to pay solicitors fees for such a simple claim. The court costs would be around £40 and you claim that back anyway.

 

Also have to say.... this has nothing to do with health and safety, its negligence that resulted in damage and not injury.

 

good luck!

 

Yeah I have it all in writing, here goes:

'We are provided with a staement from the operative confirming that all relevant precautions were taken, and that the area was checked for obvious debris and larger stones.

As previously advised, it is unreasonable to expect every small stone/item to be removed.

Policy cover provided to our ccustomer is for loss or damage caused as a result of negligence on the part of our customer.

Information provided indicates all reasonable precautions have been taken in this instance, we therefore do not consider our customer has been negligent.

Whist we sympathise with you in relation to this matter, our liability decision remains unaltered. We have no offer of compensation to make to your self'

 

Amazing huh! Thanks for the advice, and yes, it would seem the small claims court (For £65) seems the only route I can think of also.

[DrewB]

i agree that they are 100% liable but i wouldnt expect them to knock on doors, place letter drops telling people when they are working- this would add so much time onto there jobs it would be silly. Its one of those jobs where stuff is occasionally going to happen and they just need to have a claims team available to settle the claims. Its what happens here anyway.

[Treemon]

This happened to my wife few years back when they smashed the rear windscreen whilst the baby was in the back. We had exactly the same battle until i pointed out that the stihl strimmers they were using should not be used within 10 metres of anything (all in the handbook) they soon backed down and payed up - didnt want to replace all their strimmers.

[likeitorlumpit]

£65

I know it may be a lot to you but do you want a battle= stress for that amount

solicitor won't be cheap

Either accept it or expect a lot of grief

We get this with debris from chippers that floats in the wind onto peoples cars

Give them a tenner to get the car washed and they think you should pay more

quote' coz if you thought you could get away with as tenner then you must think it worth more'

I hate this mentality.

Shame someone from the council couldn't just slip you £65 and job done but in truth if this happened it's an admission of liability and you ( or shall i say some people) would be claiming for all sorts

New window/damaged paintwork/time off work/ stress/

Think about it- their best position is the one they are taking

[J Scott]

I'm currently working with my local council at the moment and the same incident happened a couple weeks ago with my chargehand. Although it was a much greater distance it shows how far those little stones can carry, complete accident as both parties understood, insurance details swapped, management informed etc. Happened to bump into the guy who owned the car and turns out they refused to pay up. Absolutely crazy just shows however much you follow the rules sometimes it doesn't work!

[Pedroski]

Page 2 of the safety manual.... "The user is responsible for avoiding

injury to third parties or damage to their property"

 

Page 4 of the safety manual.... "Your brushcutter is a one-person unit.

To reduce the risk of injury from thrown objects, do not allow other persons within a radius of 15 meters of your own position – even when starting." (liability would apply if the area was not cordoned off and properly signed)

 

Page 5 of the safety manual.... "To reduce the risk of personal injury ,

do not allow any other persons within a radius of 15 meters of your own position. To reduce the risk of damage to property, also maintain this distance

from other objects (vehicles, windows)." (again, liability would apply if the area was not cordoned off and properly signed and the operator is using the equipment close to vehicles, windows etc)

 

Clearly the operator had NOT taken reasonable precautions to prevent damage to property, and so the council is liable for your costs.

 

I do strimming all the time, and it is a pain in the butt when people want to walk across where you're working, or when cars drive down the road. I'm constantly stopping and starting, and thinking about the direction that I'm throwing stones in. Things can go wrong..... and that's what public liability insurance is for. You should not have to cough up that £65 yourself. Did the operator have the deflector fitted? If not, then you could chuck a claim of negligence at them.

Edited December 5, 2011 by Pedroski

[likeitorlumpit]

Page 2 of the safety manual.... "The user is responsible for avoiding

injury to third parties or damage to their property"

 

Page 4 of the safety manual.... "Your brushcutter is a one-person unit.

To reduce the risk of injury from thrown objects, do not allow other persons within a radius of 15 meters of your own position – even when starting." (liability would apply if the area was not cordoned off and properly signed)

 

Page 5 of the safety manual.... "To reduce the risk of personal injury ,

do not allow any other persons within a radius of 15 meters of your own position. To reduce the risk of damage to property, also maintain this distance

from other objects (vehicles, windows)." (again, liability would apply if the area was not cordoned off and properly signed and the operator is using the equipment close to vehicles, windows etc)

 

Clearly the operator had NOT taken reasonable precautions to prevent damage to property, and so the council is liable for your costs.

 

I do strimming all the time, and it is a pain in the butt when people want to walk across where you're working, or when cars drive down the road. I'm constantly stopping and starting, and thinking about the direction that I'm throwing stones in. Things can go wrong..... and that's what public liability insurance is for. You should not have to cough up that £65 yourself. Did the operator have the deflector fitted? If not, then you could chuck a claim of negligence at them.

 

I agree

you shouldn't have to cough up but

it may just be the easiest option

then forget it

(but swear every time you pass one of their vans)

[Pedroski]

Could always knock £65 off your council tax payment!

[likeitorlumpit]

Could always knock £65 off your council tax payment!

 

now we've got a battle

It may even work causing them to sue you and you can just defend your position