# Alleged damage to communal area of apartment block



## LimerickLass (11 May 2010)

thanks for your help!


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## PaddyBloggit (11 May 2010)

Nothing to do with you. Pay nothing.

Exactly the same type of scenario as the one described here:

http://www.askaboutmoney.com/showthread.php?t=137221


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## onq (11 May 2010)

Yes, I'd take it to a solicitor - nobody needs this hassle - but you might want to write them a rebuttal note yourself beforehand just to show the Court you weren't too eager to "go legal".
Normally long before I go legal [I have only done it once, and that very recently] I engage in correspondence with the other party to avoid wasting court time and incurring legal fees.

I cannot see how any liability arises for you unless there is something in a contractual arrangement you have with this company that makes you liable in such an instance.
If there is such a special condition, you need to take legal advice immediately and you might want to take it anyway before writing the suggested note below.
Unless they can show by a condition noted above or because they were  your invitees that you are somehow liable, I'd be surprised if you are liable.

Normally the delivery company insurance should cover matters like this,  but there may be some issue with it being on private property, not  the public road.
You might want to show this management company you are not easy meat by confirming by writing them a little note, something along the lines of; -


 that if damage was done it was not at your instigation or on foot of your instruction, that it may or may not be an accident and that it occurred outside the boundary of your private property and caused no damage to other private properties.
 that allegations that you are liable, which you utterly refute, and threats demanding payment arising therefrom are causing you personal embarrassment, hurt and distress and that they should cease and desist immediately with an apology from them or you will refer the matter to a solicitor for immediate remedy.
 that any liability that may arise, would, if proven, attach to the delivery company and/or its operatives, which is a company which is not controlled by you in a master servant relationship, and thus any torts, wrongs, damage or nuisance to others or other property committed by this company, its servants, employees, assigns or agents are solely the responsiblity of said delivery company.
 that if said allegations against you persist, without any proof or foundation you will be forced to place the matter in the hands of a solicitor and any all all expenses incurred by you defending your good name from this defamatory allegation will be borne by the management company.
As noted before, you should take legal advice from a friendly solicitor about the wording of any letter to avoid tripping yourself up later on or they may have a better wording - I just made that one up.
I've avoided challenging them to show proof of the damage or that it was the delivery company that delivered to you that did the damage - because that's arguing in their terms.
Its entirely up to the management company to prove through due diligence, detective work or witness accounts that criminal damage has occurred and by whom.
If there is serious damage, then the Garda_í_ may need to become involved - but with the delivery company and its personnel, not you.
In that regard you might meet them halfway by requesting a comment in writing from your builder on the matter.

On a separate but related matter, you should get your builder to confirm  in wwriting that it wasn't his fault.
If it was his people liability might arise but again its probably his, not yours, and your solicitor will advise.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon                as a defence or support - in and of itself - should legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                Real Life with rights to inspect and issue reports on the        matters    at      hand.


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## ontour (11 May 2010)

PaddyBloggit said:


> Nothing to do with you. Pay nothing.
> 
> Exactly the same type of scenario as the one described here:
> 
> http://www.askaboutmoney.com/showthread.php?t=137221



The two situations are very different.  In the case in the link the damage was done to property that the poster has not ownership of, or legal relationship with.  In this case the damage occurred in the common area owned by the management company (or possibly still the builder)  where the poster has signed legal documentation regarding their relationship with and responsibility for the common area.

When you signed your lease what responsibility did you commit to relating to your interaction with the common area or agents acting on your behalf?


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## mathepac (11 May 2010)

ontour said:


> The two situations are very different....


No, they are analogous. Unfortunately it seems that OP has agreed to pay pending receipt of "proof", so it's all moot anyway.


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## Complainer (11 May 2010)

Who let the delivery guys into the building? Is there anything in your lease about this kind of situation?


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## DrMoriarty (11 May 2010)

mathepac said:


> Unfortunately it seems that OP has agreed to pay pending receipt of &quot;proof&quot;, so it's all moot anyway.


Not necessarily, they seem only to have indicated this verbally to an agent who, on the face of it, may simply be chancing their arm. I'd suggest that they refuse to engage in any further discussion with the agent and send a letter along the lines suggested by onq, bar the last bulletpoint.


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## ontour (11 May 2010)

mathepac said:


> No, they are analogous.



The management company can determine that the OP is responsible and assign the costs against their account.  They may decide that they do not want to disclose the name of the person that reported it to the OP for fear of retribution.  If they are operating within the rules/ lease then the management company can stop the sale of the property until the debt is discharged.

A truck delivering to my house that runs in to the neighbour's wall or a wall six miles away en route to my property is a matter for the truck and the offended party.  The offended party has no rights to enforce the cost of repairing any damage on me.  The fact that I may decide to take care of the issue is more to do with maintaining good relationships with neighbours rather than discharging an obligation.

The OP should look at the damage and work out if it makes sense that it would have been caused delivering the item in question.  If needs be get on to the store that the item was bough from and see if they will resolve the issue.

What is the amount of the bill for the damages?  You say that you have a builder in, could they easily fix the damages?


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