I hit a metal rsj beam that is part of a wall

[Curly Sarah]

Hi All,

would really appreciate some advice on the following that happened about three weeks ago now.

 

 

I reversed my car into the entrance of a car park to a block of flats (during the day on a cloudy/rainy day),

I could see the low level wall (about a foot high), but I did not see the rusty coloured metal room support joist beam

that had been upended and placed at the end of the wall.

 

 

There are no reflectors on it, it is not painted a bright colour, it is there to stop people hitting the wall

- which it does very well indeed.

 

 

However, it left a big hole in my bumper, and my car is currently being repaired at a cost of over £300

(using a second hand bumper).

 

 

I believe this is an illegal piece of street furniture that runs next to a public footpath and road,

and would like to make a claim against the land owners.

 

 

I would also like it to be removed, as I fear that if someone tripped and fell onto this and hit their head,

it could possibly cause life changing injuries or even death. I

 

 

am not going through my insurance company as this will increase my premiums

(which is who the land owners have told me to go through).

 

 

am I now left with what do I do now?

Even if I do not get a penny, I would hate to think of someone falling on to it

and would like to know if the Highways Agency could help me.

 

 

Many thanks - Sarah

[Guest]

welcome to cag

can you post up a pic/streetview of it.

[unclebulgaria67]

Who owns the freehold to the flats ?

 

You mention land owners, but are these simply the management company of the block of flats and not the freeholder.

 

If this metal beam is as dangerous as you suggest, why not contact the local council authority with pictures of it,

stating why you believe it is dangerous.

 

There is nothing stopping you threatening to issue a court claim against the freeholders,

as there were insufficient warnings about this metal beam and it could not be sighted when navigating in the car park.

 

 

Then if they don't respond issue a court claim.

But of course you risk being unsuccessful and there is the time it would take with a possible court hearing.

[Curly Sarah]

What's the easiest way to attach an image using this forum?

I do have photos, but can't seem to attach them. Thanks.

 

It's managed by Saxon Weald

- a housing association in Horsham (they manage all council housing in the area).

 

 

I believe the council used to own it,

they could still own it so contacting the council would be an avenue I could go down.

 

 

Thank you for the advice,

just annoying that it's time consuming and because I wasn't injured they're not interested

if someone may get injured, as long as the wall isn't damaged.

 

 

Annoyingly it's got a friend on the other side of the car park entrance covered in ivy.

[Guest]

What's the easiest way to attach an image using this forum? I do have photos, but can't seem to attach them. Thanks.

click on 'reply', then click on 'insert image' on the toolbar. browse to it on your pc, select, upload.

[AndyOrch]

Thread moved to the appropriate forum.

 

Andy

[dx100uk]

follow the upload

please use PDF

[Curly Sarah]

That was hard work trying to attach an image using a Mac (luckily hubby worked it out). Fingers crossed theres an image for all to see.

pic .pdf

[Mr.P]

The post could do with a capping and a little bit of softening of the hard edges, but I think you will struggle to get anything done about it.

[Mwynci]

You'll have no chance, it was there, it's up to you as a driver to see it.

 

I'm assuming it''s there because the brick wall has been hit down in the past, probably too many times, and that would be more of a public nuisance than an RSJ.

 

Make a claim against them and you may end up with a counter claim for the damage caused to the RSJ, then you'll have to get your insurance involved.

 

This is not to say I don't empathise with you, I'd be pretty annoyed if it happened to me also.

[ericsbrother]

dont agree,

the occupiers liabilty act places a duty of care on the landowner to not have things that can

injure a visitor or damage their property, even if they are a trespasser.

It will all boil down to what one would call common sense.

Would the rsj be likely to cause damage or injury?

 

If that is aforseeable event then the landowner would have to show why it is reasonable

to have such a thing in a place that is accessed by the public.

 

 

Same goes at your house.

Have a loose paving slab on your front path and you are in trouble is someone injures themseves on it,

even if they were jehovah's witnesses who you ahd told to go away on many occasions.

 

The lack of paint job or similar warning in a car park would slot into this quite well.

[dacouc]

You'll have no chance, it was there, it's up to you as a driver to see it.

 

I'm assuming it''s there because the brick wall has been hit down in the past, probably too many times, and that would be more of a public nuisance than an RSJ.

 

Make a claim against them and you may end up with a counter claim for the damage caused to the RSJ, then you'll have to get your insurance involved.

 

This is not to say I don't empathise with you, I'd be pretty annoyed if it happened to me also.

 

I agree with this

[havinastella]

Shouldn't this thread be titled 'Well placed joist stops me knocking over a wall'

 

You, as a driver are totally responsible for what you drive into. Would you have made such a fuss if you had smashed the wall to bits, or just driven away?

 

Or maybe the Joist jumped in front of you!!

[sameagle]

Having looked at the photo, and read what you claim that you were trying to do, presumably you were intending to avoid the brick bit - is that correct?

 

Were you intending to avoid the bricks, and reverse onto the grass, because if that was the case, then you should be done for criminal damage, and if you didn't leave enough room at the end of the bricks, then you must be a bl**dy poor driver!

 

Suck it up, and take care in future.

 

Sam

[stu007]

Something else to consider is the landowner are you 100% certain the HA are the Landowner? (the reason I mention this is where I am the HA have 3 Multi building the difference being the HA only own the land the property is built on and not the land around the building which belongs to the Local Authority. The HA only maintain the land around on behalf of council something to consider)

 

Are you actually a Resident of the block of flats,a visitor or were you just using the car park to reverse to go in a different direction?

 

Have you checked on the building/Flats to see if there is a notice of the car park use and liability?

[Ganymede]

dont agree,

the occupiers liabilty act places a duty of care on the landowner to not have things that can

injure a visitor or damage their property, even if they are a trespasser.

It will all boil down to what one would call common sense.

Would the rsj be likely to cause damage or injury?

 

If that is aforseeable event then the landowner would have to show why it is reasonable

to have such a thing in a place that is accessed by the public.

 

 

Same goes at your house.

Have a loose paving slab on your front path and you are in trouble is someone injures themseves on it,

even if they were jehovah's witnesses who you ahd told to go away on many occasions.

 

The lack of paint job or similar warning in a car park would slot into this quite well.

 

That's not true.

 

The Occupiers Liability Act 1984 excludes damage to property. A trespasser can only claim for death or personal injury.

 

I'm sorry but the OP has no chance. The beam and wall were there to be seen.

 

The OLA 1957 only imposes a reason duty on the occupier of the car park and that beam wouldn't breach that duty.

[think about it]

Sorry OP, besides painting it bright neon colours and putting a flashing light on it I don't see how you could have seen the wall and not that. Either way you'd have hit the wall or perhaps mounted the grass had it have not been there. I'd write this down to experience and improved observation. As for potential for injuries, I'm not sure a brick wall would be any more forgiving.

[sameagle]

I observe that the RSJ has a bend in part of - did you do that?

If so, I wonder if the owner would have grounds for a claim from you.