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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47904
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi there, Whilst on my employers car park, I reversed, not

Resolved Question:

Hi there,
Whilst on my employer's car park, I reversed, not realising one of several retractable bollards had been left raised. I feel it should not have been in that position until all the vehicles had vacated the car park. Would I be within legal rights to ask my employer to pay for the damage, estimated at £450.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is the purpose of this bollard?

Customer:

Hi there, to prevent vehicles from entering car park when factory is closed

Ben Jones :

Does it ever get raised when employees are still there or when the factory is open?

Customer:

No not that I am aware of. There are 5 of these bollards in a line to the entrance of the car park and just the one was left raised.

Ben Jones :

Have you approached the employer over this?

Customer:

Tomorrow morning will be my first oppotunity

Ben Jones :

From a legal point of view it would be difficult to hold them legally responsible for this. They may have left bollards raised but as the driver of the vehicle it is still your responsibility to ensure that the area you are driving and manoeuvring in is safe and you will have the final responsibility in ensuring that you do not hit any obstacles. For example, had you been driving the car and in the process, the bollard had been raised, without giving you the opportunity to see and avoid it, then you may have had a claim as this would be a case of negligence on their part. However, if the bollard was already raised, you should not just assume that it was not there and you will still have the final responsibility of examining the surroundings and ensuring they are clear. Of course nothing stopping you from approaching the employer over this but if they refuse to pay then you are only left with the option of suing them and apart from a potential breakdown in relationship, you will also have to prove that you have a valid claim, which could be difficult.

Customer:

Ok, thanks for the advice

Ben Jones :

You are most welcome

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