# Liable for accident to stranger on driveway?



## cybermate (6 May 2008)

Hi,

Is it possible that I am liable if a stranger/member of public approaches my house (on foot) and trips on say a gate bracket in driveway?

This not something that has happened to me but am wondering what is the law in this regard?   I have a steady stream of people putting junk mail through the letter box and am concerned with how careful one has to be with the safety of front driveway with uninvited persons?

I do not have driveway gates and the driveway borders with a public footpath.

thanks,
cybermate


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## z105 (6 May 2008)

*Re: Liable for accident by stranger on driveway?*

They would have to prove negligence on your part.


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## dazza21ie (6 May 2008)

*Re: Liable for accident by stranger on driveway?*

You could be held responsible for injury to uninvited persons under the Occupier's liability Act 1995 if you know there is a danger on your property and this results in an injury to the uninvited person.


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## cybermate (7 May 2008)

*Re: Liable for accident by stranger on driveway?*

Thanks.  

Had a quick scan through the Occupier's liability Act.   Interesting read and this subject has always being topical in the media.   

I guess the clause "whether the occupier knew or had reasonable grounds for believing that a danger existed on the premises;" is somewhat subjective.

I know of many driveway entrances that have a metal stop protruding from the driveway to stop gates swinging on to road.    This is potentially a danger to someone who's not careful where they are walking but I wonder in the court of law if it would be classed as a danger to a trespasser that occupier knows about and is a potential source of a claim.

cybermate


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## so-crates (7 May 2008)

*Re: Liable for accident by stranger on driveway?*



cybermate said:


> I know of many driveway entrances that have a metal stop protruding from the driveway to stop gates swinging on to road. This is potentially a danger to someone who's not careful where they are walking but I wonder in the court of law if it would be classed as a danger to a trespasser that occupier knows about and is a potential source of a claim.


 
Interesting question alright, I am just wondering if it is not a hazard you would normally have to avoid yourself or would normally have to warn someone strange to the property about does it reasonably consititute a danger to a trespasser?


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## z105 (7 May 2008)

*Re: Liable for accident by stranger on driveway?*



> This is potentially a danger to someone who's not careful where they are walking but I wonder in the court of law if it would be classed as a danger to a trespasser that occupier knows about and is a potential source of a claim



More than likely you will be told by a Judge to OPEN YOUR EYES and watch where you are walking !!!!


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## dazza21ie (7 May 2008)

*Re: Liable for accident by stranger on driveway?*



Havealaugh said:


> More than likely you will be told by a Judge to OPEN YOUR EYES and watch where you are walking !!!!


 
This is good law. One of the first cases in relation to this involved a woman who fell down a cliff. The Supreme Court told her she should have looked where she was going.


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## deew (8 May 2008)

*Re: Liable for accident by stranger on driveway?*

HI,I saw a man just about to enter someones driveway when he tripped and fell ,this was caused by the protruding piece of metal that keeps the gates in place.It was in the centre of the driveway in the concrete.
Its been a while since I studied law but I understood that if for example a child fell and injured him/herself that the occupier was liable.
These are really not nessasary , as a hole in the ground would suffice.I think that if someone enters your property ,you have an obligation to make it safe and from what I recall there were a lot of injurys caused by these.I dont belive say in the case of a child,an elderly person,or someone who had partial sight for example that a judge would tell them to watch where they are going.
I must add Im young enough and healthly and have had a few near misses with these things.
Rgds.Deew


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## cybermate (8 May 2008)

*Re: Liable for accident by stranger on driveway?*

deew,
I agree with you that this would probably not be a black and white decision in the eyes of a judge.  this metal bit for holding the gates in place was but an example.

But it raises the question of what is deemed safe by an occupier as against what is a potential source of an accident for a trespasser.  I wonder where  the statement "occupier knew or had reasonable grounds for believing that a danger existed on the premises" would stand then....

anyway, food for thought,
cybermate


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## Complainer (8 May 2008)

House insurance normally covers this kind of 'public liability'.


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## deew (9 May 2008)

Hi Cybermate , I would think that a metal piece sticking out of the ground would be seen by a resonable person as being a potential danger?
For example I may believe that having a chain saw (excuse the silly comparison )in my garden is perfectly safe but its in the eyes of a reasonable person.
Deew


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