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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice.
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A for sale sign blew over and was dangerously flying down the

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A for sale sign blew over and was dangerously flying down the street. We called the estate agent. The sign was put in the grounds of the house behind a fence. When the estate agent came out to re erect the sign they put it in exactly the same place. It subsequently blew over again and hit cars. Are they liable?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What damage was caused please?
Customer: replied 2 years ago.

Hi Jo,


 


the damage caused was to the paintwork on my car, there is an area on the drivers side rear wing that is not deeply, but heavily scratched. It is a non standard paint and I suspect it would require a full respray to correct.


 


it is particularly galling as we had informed the estate agent of the problem (stating that we believed it was dangerous) before the damage occurred and they chose not only to not rectify it, but to recreate the conditions that caused the dangerous circumstances.


 


Regards,


David

Expert:  Remus2004 replied 2 years ago.
Thanks.

Sorry for the delay.

In short, the agent is liable.

They can escape liability if the sign was perfectly adequately erected in the wind was of such intense proportions that there was widespread devastation which seems highly unlikely.

However on the second occasion when the damage was caused they clearly had not erected it properly especially considering the weather conditions.

Get an estimate for the cost of repairing the car and asked the agent for the money.

If the agent will not pay the money, then sue for the money.

A judge will then decide whether they are liable or not.

Of course, it is whoever erected the sign who is liable that is something for the estate agent to worry about.

Can I clarify anything for you?


Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69776
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks - that is good to know.


 


Regards,


David

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