You and the Law – 3rd August 2010

Wall I never

Our daughter’s car was parked across the road from our house when, during strong winds overnight, the garden walls of the two houses opposite collapsed on to it.  I’ve been in touch with the owners’ insurance companies, but they say they won’t pay for the damage unless my daughter can prove negligence.  I don’t think this can be right.  VJ

Your claim is against the owners of the garden walls.  If a wall collapses the presumption is that it was defective and not well-maintained.  The owners of the wall and their insurers would have to show that the strong winds were uniquely exceptional, and they may not be able to do this.  Bring your claim against the owners in the County Court: you will probably be successful.

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