Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
Recently whilst out walking locally I snagged my coat on a hedge that protruded beyond the boundary of a property. The hedge is very high and almost spans the footpath, making it difficult for any pedestrian to pass, especially mums and pushchairs.
The hedge pulled a number of threads and had the coat been a quality item it would have spoiled the whole thing. Would the property holder be liable for any damage?
Also in a similar vein, what is the view of the law re: the parking of cars on the pavements? This raises again raises the question of mums and prams, old people and so on - but no-one should have to step on to the road and put themselves in danger.
Answer :-
In principle if someone does something which is negligent and that negligence results in damage to someone else then they are going to be liable. By the same token, people are expected to take reasonable precautions for their own safety.
In reality it all comes down to the circumstances of each case.
So for example: If you were blind . . . or it was a dimly-lit street that you were walking along at night . . . and the hedge was hawthorn, or full of briars . . . then you might have a viable case for making a claim for your damaged clothing against the householder who had allowed the hedge to grow way over the footpath.
If on the other hand the incident occurred during the day, when the lighting was good, and it happened because you were on the way home from the pub after having a few or you were simply not looking where you were going, then you are not going to get very far with a claim.
The same holds true for the case of a car parked on the pavement. A dark coloured car on the pavement in an unlit street at night without lights is one thing. Bumping into it in broad daylight is quite another, even though it should not be there.
You cannot simply walk into an obstruction and expect to be able to claim compensation.
Incidentally, obstruction of the highway is a criminal offence and the driver is risking incurring a penalty if the vehicle is spotted by a traffic warden or police officer . . .
not to mention one of those interesting wheelclamping devices in many places these days!
If you have any legal questions or you would like to comment on any aspect of the law or raise any matters of concern, please feel free to drop us a line.
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