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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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My Survey Equipment was stolen on a Construction Site where

Customer Question

My Survey Equipment was stolen on a Construction Site where I was self employed and the Company is not ready to take any responsibility of the the cost of replacing it. The cost of replacing it amounts to almost 4000.00 pounds, do I have any legal chance of claiming compensation to replace this Instrument as my chance of lively-hood is extremely slim as a result of this theft.
There as being a Police Investigation - Crime Reference Number.
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. Was the company at fault in any way?

JACUSTOMER-hp4q86ru- :

It was meant to be a secure Site Container and as I was employed as a Site Engineer currently not allowed to drive I made a request to live the Instrument within there Site Container and I was informed that that was fine.

Ben Jones :

It is possible for you to argue that the employer owed you a duty of care by agreeing for you to leave your equipment with them. However, to be able to claim that they were responsible for its theft you must be able to show that they had breached that duty and that they had acted negligently in some way. For example, this could happen if they had failed to properly secure the container or it was not as safe as they had claimed it to be. However, if they had done everything as expected and it just happened that the thief had managed to breach their security without there being any negligence on the employer’s part, you are unlikely to be able to claim that they had breached their duty of care towards them. So it really depends on the circumstances of what happened and if you can show that this duty was breached.

It it also worth noting that you should check whether there is any insurance in place that may be able to cover this loss.

JACUSTOMER-hp4q86ru- :

I don't have any Insurance in place however I can sufficiently proof that there was no ample security on Site to gain access onto Site at the same time no Security personnel was employed on Site.

Ben Jones :

OK that is good but you have to convince a court that the employer had acted negligently, below the standard expected of a reasonable employer in their position. As the amount you are claiming is £4,000, you can take this to the small claims court - it is a relatively risk-free thing to do because even if you lose you will not be paying out much more than the court fees and some other minimal court costs, so you won't have to pay the other side's legal fees. Therefore, it is an option you can try and go down if you believe you an show that the employer was negligent

JACUSTOMER-hp4q86ru- :

How do I make an application in the small claims court?

Ben Jones :

www.moneyclaim.gov.uk

Ben Jones :

But try to resolve it directly with the employer first

Ben Jones :

For example tell them you are considering the court route if they do not admits responsibility and offer some compensation

JACUSTOMER-hp4q86ru- :

I have just called the Client and all I have received his abuse whereby he actually threatened me that he will physically harm me if I don't stop my claim.

Ben Jones :

ok well that is completely unacceptable - you have the right to claim if you wanted to so should not be stopped from making it due to such unreasonable threats.

Ben Jones :

Obviously any threats of physical violence could amount to assault, especially if they go through with them and that is a criminal matter that can be dealt with by the police

JACUSTOMER-hp4q86ru- :

I have just informed the Police (via Email) highlighting the threat!

Ben Jones :

ok that is good, do not be deterred from pursuing this through the small claims court because of these threats

JACUSTOMER-hp4q86ru- :

Would you be willing to speak directly with the Client his number is XXXXXXXXXXX his name is Alan Hogarth.

Ben Jones :

I am afraid we cannot do that, it is not part of our service, all we can do is discuss your rights via this chat with you

Ben Jones :

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

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