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Damage liability advice


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I had a security company come to install an additional motion sensor in my garage.

Despite warning, he continued walking through a cable which was lay on the floor and pulled a network switch off a shelf on to my motorbike causing damage to the fairings and paint.

 

I raised a complaint which they said wouldn't progress and stated I was lucky the engineer wasn't injured and a claim filed against myself.

I reconfirmed the engineer was told to stop multiple times when I seen he walking towards the cable but he kept walking five feet which caused it to fall.

I also queried if the engineer had a requirement to assess the working environment before commencing with any work.

 

I've now had an email from their insurer denying liability and that they believe a court would find under Occupiers Liability Act 1957 I had a duty of care and was fortunate no injury was sustained. They say the damage was caused entirely of my own negligence as I failed to warn and didn't cordon the area where the cable was. If I don't accept this then I must seek representation from a solicitor.

 

Can anyone please help or advise where I stand and what next steps I could take without approaching legal representation or my bike insurance yet?

It sounds like I was expected to cordon off all areas of my garage but I believe I'm not at fault and would like to progress this as I did warn the engineer before he walked near the cable and there must be some liability for him not assessing his working surroundings?

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What is the value of the damage and can you describe it a bit more.

Maybe a diagram would help

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Please tell us more about the cable running on the floor - what type of cable was it, and why was it running across the floor.

 

Was the "network switch" attached to the cable before it fell from a shelf onto the motorbike.

 

Were they putting in extra security to protect your motorbike ?

 

 

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