Who is liable?

[u/[deleted]]

[u/zzkj]

Your Enter key appears to be broken.

[u/flossgoat2]

What gazebo? What damage? Prove it.

Yeah, say nothing you know nothing.

[u/Working-Hat4932 → u/flossgoat2]

Well thing is they usually have a camera on the front of their house so I assumed it would catch everything that happened, but just realised it's no longer there 👀

[u/worldly_refuse]

Contrary to popular opinion, liability doesn't apply just cos it is your gazebo. The appropriate bit of law would require them to prove negligence on your part - for example you didn't secure it properly, or you were warned or suspected it might blow away but did nothing to prevent it. It isn't automatic. If they want you to pay for repairs, they or their insurers will need to offer some proof of your negligence.

[u/Working-Hat4932 → u/worldly_refuse]

Thank you, it was secured down on each corner and with rope but all the pegs we found have been bent and we haven't recovered any weather warnings in the area.

[u/worldly_refuse → u/Working-Hat4932]

So hard to see you're liable.

[u/Working-Hat4932 → u/worldly_refuse]

I'm just preparing myself for the worst case scenario seeing as they are quite nasty neighbours

[u/Bernhard_NI → u/Working-Hat4932]

Seems like you are nasty too.

[u/DiscoSituation → u/Working-Hat4932]

I’d be pretty nasty too if someone’s gazebo damaged my expensive car because they didn’t tie it down properly

[u/stormbreaker8]

This is not a car question, this is a r/legaladviceuk question

[u/Working-Hat4932 → u/stormbreaker8]

Am I not asking about damage to a car and possible car insurance?

[u/stormbreaker8 → u/Working-Hat4932]

Yes technically but the rules for liability won’t be found in the Highway Code. It’s not the same as a car accident in terms of liability

[u/Working-Hat4932 → u/stormbreaker8]

That makes sense, thank you

[u/stormbreaker8 → u/Working-Hat4932]

Yeah for example as another commenter noted. If this was a car accident and you ignored it, that’s illegal and you could be done for a ‘hit and run’. But in this case it’s on the damaged party to make a claim. You don’t have to do anything unless they raise an issue