Damage caused by collapsible bollards - any liability?

[chris1977]

Hi,

 

First of all, I apologise if this is being posted in the wrong forum but I am hoping that someone can give me a little advice or point me in the right direction....

 

Last week, the underside of my car was damaged by a collapsible bollard (the tubular steel folding variety) in a car park owned by a housing developer. The car park is adjacent to the sales office, fits around 4 vehicles and is primarily used for staff and customers, although there is no signage restricting access to members of the general public (I happen to own a house less than 50 ft from the car park and use it regularly). The bollards were fitted last week and are placed at the top of an inclined approach to the car park, and they fold away from the entrance. There is signage placed inside the car park stating that the developer is not liable for any damage caused to vehicles whilst parked in the car park.

 

I entered the car park at normal parking speed , i.e. crawling. As my car moved over the folded bollards I heard a scraping sound. Upon parking up I noticed that the plastic engine tray was hanging down at the front off-side. On closer inspection I noticed that a long strip of the engine tray had disappeared inside the bollard! I have obviously removed this to use as evidence....

 

My car is an Audi A5, is not modified in any way, is not particularly low to the ground and not a particularly long wheel base, although not the shortest car either. I have not involved the insurance company as the damage has cost less than £100 to fix but I do feel that the land owner should be liable for the damage caused - my theory being that the reason for the damage is the placing of the bollards at the top of an inclined approach.

 

Has anyone been in a similar situation or can offer any advice as to whether this is worth pursuing?

 

Grateful for any response.

 

Chris

[sequenci]

Hi Chris,

 

It sure is worth chasing this. The owner of the land would have a duty of care to road users, they should ensure that bollards are fit for their purpose and correctly installed.

[Bang!]

In the first instance write to them to see what comes back - as the bollard needs fixed quickly.

 

Their disclaimer could not be used to exclude liability for damage they specifically caused.

[chris1977]

Thanks guys - I wrote to them the day it happened and hand-delivered the letter to the sales office. I followed it up today by a visit and dropped off a copy of the invoice from the garage showing the cost of the repairs. I had a brief discussion with the sales guy today where he indicated that I would have a hard job claiming as "the car park is for sales use only and there is a disclaimer sign posted stating that parking is at vehicle owner's risk". He said I should expect to hear back from them by the end of next week. His "defence" was that he has parked his car there without damaging it.

 

I did say that the bollards need to be repaired/replaced ASAP before further damage is caused - can't imagine them having much luck with sales if they are damaging customers' cars!

 

Frankly, we are talking about £90 here so it's not the end of the world, but at the same time it's not pocket change. It's also a matter of principle.....

[crem]

If the public have access to it, then i don't think a simple "disclaimer" removes their legal obligation to ensure it is safe and fit for purpose.

[Jamberson]

I don't know the answer but a couple of points:

 

1. It may be wise to take a photo or two of the bollard in case you want to show evidence at some point. Maybe with a ruler behind it to establish its height.

 

2. In your first post you said their sign says "the developer is not liable for any damage caused to vehicles whilst parked in the car park". If this is literal, it is of no relevance to what happened to you as you were not yet parked and were driving in.

[chris1977]

I don't know the answer but a couple of points:

 

1. It may be wise to take a photo or two of the bollard in case you want to show evidence at some point. Maybe with a ruler behind it to establish its height.

 

Yes, I took photos, but not with a ruler.

 

2. In your first post you said their sign says "the developer is not liable for any damage caused to vehicles whilst parked in the car park". If this is literal, it is of no relevance to what happened to you as you were not yet parked and were driving in.

 

Sorry, I was paraphrasing. The actual verbiage is "Vehicles are parked here entirely at owner's risk. {Developer} can not be held responsible for any damage".

 

Looks like they are taking the complaint seriously though - I have just gone round to take more photos, ruler in hand only to find that they have now removed the bollards and filled the holes.

[sequenci]

Looks like they are taking the complaint seriously though - I have just gone round to take more photos, ruler in hand only to find that they have now removed the bollards and filled the holes.

 

Take pictures of that too!

[chris1977]

Take pictures of that too!

 

Good call!

[sequenci]

Can you see their signage as you approach the car park?

[chris1977]

Can you see their signage as you approach the car park?

 

Not clearly - there are two signs in a car park that measures not more than 25m2 but due to the placement of the signs you can't really seem them as you enter - not until you are actually in the car park. However, I have been parking there for months, long before the bollards were installed so I don't think I could plead ignorance. In fact, the bollards were installed whilst my car was in the car park - not a problem going out though, it was coming back in that caused the damage and I can only assume this is due to the placement at the top of an incline.

[Jamberson]

The actual verbiage is "Vehicles are parked here entirely at owner's risk. {Developer} can not be held responsible for any damage".

 

The first sentence seems not relevant and the second, if taken as a seperate statement, is simply not true. They can certainly be held responsible for damage caused by their own negligence, sign or no sign.

 

In any case, if you can't see it before you enter, then it can't be argued that you agreed to those terms.

[Bang!]

The sign is irrelevant.

 

The damage - your complaint - and the subsequent disappearance of the bollards are relevant.

 

I wonder how many other undersides took a hit. Does the salesman drive a 4x4?

[chris1977]

 

I wonder how many other undersides took a hit. Does the salesman drive a 4x4?

 

Surprisingly no - a Ford Focus I believe. The mechanic who repaired my car suggested that longer wheelbase cars would be more susceptible. Makes sense if you think about it I suppose - the longer the wheelbase, the more of the car remains on the incline, thereby reducing the clearance as you approach the bollard. In any case, I shall sit tight and see how they respond next week. Will post an update as soon as I have one.

 

Thanks for all your posts so far!

 

Chris

[Bang!]

At £90 I think they will pay it first or second time, as its too much bother otherwise. But form your perspective its a principle thing - and no one hangs in with principles when in the wrong having paid more to fix the bollards already.

 

Anther picture that might be of use is a (non bending) plank on the ground to show the undulation/incline in the ground.

[chris1977]

Quick update folks - had a call from the developers today confirming they will foot the bill for the damage and I should receive a cheque within 14 working days. I'll wait to see if it materialises but I am confident that it will. Thanks for all your help!!

[sequenci]

That's a superb result. Let us know when the cheque's in the bag (so to speak!)

[sameagle]

Be careful which Bank you use to cash - after todays news, honest banks are getting thinner on the ground!

 

Sam

[Swifters]

Bollard

 

Hi all, I was reading the above thread and a similar thing happened to me the other day, except it has caused a lot of damage to my door as well as the cill. I was told by a passer-by that I was not the first to do it. Basically, there were five removable posts, 4 of the 5 have been removed and this bleeding one remained.

 

As I was crossing over a lowered kerb to enter the car park I was mindful of not hitting any pedestrians who were crossing the pavement and simply did not see this low down bollard, I’m fairly sure one of these pedestrians was obscuring it, just as I started my turn into the car park.

 

When I went into the shop to complain they said they couldn’t find the key and that everyone else had managed to avoid it (I know this is not entirely true regarding everyone else managing to avoid it). Granted if you have prior knowledge of the danger being there you would miss it, but I had never been to that car park before. How do you find out who is responsible for the car park or should I give up now?

 

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