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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5365
Experience:  Solicitor
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I have a claim against me from a holiday let client who

Resolved Question:

i have a claim against me from a holiday let client who claims they cut a finger on opening a jar in my apartment in France. I live in the UK am UK resident and domiciled. They have issued a solicitors letter (insurance claim style) against me but I have no liability insurance and frankly am for all practical purposes insolvent. Does this sound easy to defend or better I just tell them I have no money as it is true!
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
helpful background info: i have just defaulted on the apartment in france due to lack of funds. it hasa large mortgage so i have no assets either in uk or france- just thought best add that. i do not own a uk home and am on benefits. the apartment in france is a throwback to a time before i went into an IVA in 2012. it would not sell so kept it and let it out.
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Do they have any 'evidence'?

Customer: replied 1 year ago.
hi they claim to have evidence but have not offered any to me. basically somebody left a pack f coffee kindly. so she decided to open it and pour contents into a kilner jar. somehow in process claiming it to be shattered and then cut her finger (badly) on the jar. she alleges to have had stitches and to have nerve damage . That's all i know. my feeling? they should have claimed on their own insurance (i recommend they take this out in my terms) as it was an accident. but they seem to be seeking massive damages.
Expert:  Jamie-Law replied 1 year ago.

Indeed. I would reject the claim and say you don't have any money anyway.

It is for them to prove it was defective rather than just an accident. Sounds to be as if it was just an accident, that does not mean you were negligent.

Only if you are negligent can you be liable. I don't think you are.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
please. they have claimed negligence in that i should have doen all sorts of things regarding health and safety (which do not apply in france and i am not a business. such as i should have performed regular assessments! and of course that i should have known about the cracked jar and removed it etc etc. so my question is: how likely is it they could possibly prove negligence on thsi basis as if remote then clearly i have nothing to worry about. if likely from past cases then perhaps i do? my inclination is to write back (assume 'without prejudice'?) saying i am basically insolvent (true and provable) abut shoudl i entertain the claim at all- do i have the right to start asking them for proof etc?
Expert:  Jamie-Law replied 1 year ago.

Yes you can ask for proof. If the assessments etc do not apply in France then you don't have to do them.

U.K. Law does not apply there.

They are bound by French law. Does that clairfy?

Expert:  Jamie-Law replied 1 year ago.

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