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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HI,We live in rented property,we held a party to celebrate

Resolved Question:

HI, We live in rented property, we held a party last weekend to celebrate our wedding that we had abroad. one of the guests who i knew to be intoxicated, on his way out had fallen into the ditch outside the house. we only found out a week later he has seen a lawyer and reckons he has a case. we live in the middle of the country and lighting isn't amazing on the road but the drive way is lit enough to see you footing. I don't personally have liability insurance i assume my land lord does. I am worried as i don't know where i stand. Thanks in advance, Carl

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this,
Alex Watts : Was he drunk and what injuries were suffered please?
Customer: We had all being doing shots all night including jäger meister. So yes he was drunk. Im led to believe he cut his leg and required medical assistance the following day.
Alex Watts : Was the ditch fenced off in any way or they given warnings about it?
Customer: Not fenced no, the public footpath was on the other side if the road.
Customer: The ditch is a drainage sort of thing behind the perimeter hedge. Its fenced where people walk. Except for road side
Customer: As you walk out of the drive way the ditch is situated on the left. There is a hedge line but that stops before the ditch.
Alex Watts : Ok. So was this person in an area he should not have been in please?
Customer: He went out to meet a taxi on th road.
Customer: And looking at it he may of stepped backwards while on the road.
Customer: Its not a pedestrian area its just a driveway entrance so i guess no
Alex Watts :

Can he make a claim - yes

Alex Watts :

You can't stop someone from doing that

Alex Watts :

Would he be successful - well that is another matter and based on what you have said I do not think so

Alex Watts :

He was drunk, I assume been to your house before and somewhere where he should not have been

Alex Watts :

Therefore whilst you can't stop someone making a claim, I do not think he would win for the reasons I have outlined above

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Will i need to prove he was drunk or will he need to prove he wasn't?
Customer: Every one at the party saw him drinking.
Customer: He arrived when it was full day light and it hadnt been dark long due to it being summer.
Customer: Thanks for your help :)
Alex Watts :

If it went to Court he would need to prove he was not drunk

Alex Watts :

Happy to help and if this answers your question might I invite you to rate my answer before you go

Alex Watts :

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