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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently suffered damage to my property during high winds

Customer Question

I recently suffered damage to my property during high winds on the 12/02/14. The pub across from where I live lost all its ridge tiles on there roof which allowed slates off there roof to be blown across the road hitting my home causing my front bedroom window to be smashed and the window frame broken beyond repair I spoken to my insurance that night and they sent a man round to make it safe. The following day I spoke to my insurers once again and they said I should claim the cost from the brewery but they said it was an act of god and not there responsibility. I went back to my insurers they said if i was to claim though them it would cost me my no claims bonus my £100 excess. I lost a days pay for the Thursday there is still shards of glass in my carpet and when the window is replaced I will need to decorate. It is the middle of winter two weeks after the event I still have no window I am told they can not replace it until the 12/03/14 so that will be over a month in the cold with extra heating as the wind is blowing through the house. I do believe I should be compensated for the stress and the cost to myself and family I think that Thwates Brewery should be held responsible for the damage. I look forward to your reply yours. R P Cyprus.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

In situations such as this one, it would generally be considered that the storm that caused the damage was an act of God and as such the property owner would not be responsible for any damage that occurred to a third party's property. However, if you can show that they had been negligent in the upkeep of the roof and that the slates had either not been properly secured or maintained, then they may have some responsibility for the damage under the tort of negligence. However, if they were properly secured and the only reason they blew off was due to a 'freak' storm that would not have been expected to occur frequently then it is an act of God and the person whose property was damaged would have to either claim through their own insurance or pay for the damage themselves.

Also any claim for compensation, even of successful, will not cover stress or inconvenience, you will only be compensated for the actual damage that was suffered, which would be to repair the damage.

JACUSTOMER-j6f9bxo4- :

I know for a fact that the ridge tiles where not secured correctly because my son myself and the landlord cleared the road of the debris and all the ridge tiles had no mortar on the inside. They were pointed around but no cement was inside of the ridge tiles and we all agreed that they was not secured. So I do believe the Brewery should be held totally at fault for the condition of there property.

Ben Jones :

That may indeed be the case but you will still have to prove that this is what happened. The issue here is that whilst you can point the finger at them, you cannot force them to accept liability and pay, which means the only way to do so is to take them to court and win your claim before you can pursue them for the costs of the damage

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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