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Who is liable?

  • 31-07-2013 2:45pm
    #1
    Registered Users, Registered Users 2 Posts: 282 ✭✭


    Who is liable for damage done to passing cars/lorries etc from branches in a farm hedge and is there a certain height they should be cut to?


Comments

  • Closed Accounts Posts: 839 ✭✭✭Dampintheattic


    Lambofdave wrote: »
    Who is liable for damage done to passing cars/lorries etc from branches in a farm hedge and is there a certain height they should be cut to?

    The blind driver of course:D


  • Registered Users, Registered Users 2 Posts: 6,343 ✭✭✭bob charles


    who is liable for the damage done to the hedge?


  • Closed Accounts Posts: 4,949 ✭✭✭delaval


    If they were concrete would the driver have gone on??


  • Closed Accounts Posts: 839 ✭✭✭Dampintheattic


    Lambofdave wrote: »
    Who is liable for damage done to passing cars/lorries etc from branches in a farm hedge and is there a certain height they should be cut to?

    Which, the hedges or the car drivers?
    If it's the drivers, just above the ankle:cool:
    Woudn't know a bit about the hedges:confused:


  • Closed Accounts Posts: 11,786 ✭✭✭✭whelan1


    my dad always says"its not who's at fault, it is WHO pays"


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  • Registered Users, Registered Users 2 Posts: 2,351 ✭✭✭Littlehorny


    If you hit a parked car would the owner of the parked car be liable for damage? Of course not if someone is claiming scratches off briars or branches off you ask them can they prove it.


  • Closed Accounts Posts: 3,267 ✭✭✭hugo29


    Lambofdave wrote: »
    Who is liable for damage done to passing cars/lorries etc from branches in a farm hedge and is there a certain height they should be cut to?

    why the branches of course,


  • Registered Users, Registered Users 2 Posts: 2,351 ✭✭✭Littlehorny


    hugo29 wrote: »
    why the branches of course,

    Mother Nature is liable :)!


  • Registered Users, Registered Users 2 Posts: 4,041 ✭✭✭who the fug


    Refer them back to the council the maintain the roads


  • Registered Users, Registered Users 2 Posts: 651 ✭✭✭badgerhowlin


    I do hate it when branches and hedges jump out in front of me. :D
    No idea who should pay by LAW but it would be the blind drivers in my opinion.


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  • Closed Accounts Posts: 3,267 ✭✭✭hugo29


    Mother Nature is liable :)!

    i think she should be taken to task and asked to control her little branches:)


  • Closed Accounts Posts: 839 ✭✭✭Dampintheattic


    Refer them back to the council the maintain the roads

    I often lay in bed at night, unable to sleep, wracked with guilt, when one of my briars, has made contact with a passing car. :pac:
    In fact many is the night, I got up and not alone cut the offending plant, but I also dug and burned the roots.
    I know, it's of little consolation to the poor misfortunate car owner, but at least it helps me feel a little better:cool:


  • Registered Users, Registered Users 2 Posts: 4,041 ✭✭✭who the fug


    I often lay in bed at night, unable to sleep, wracked with guilt, when one of my briars, has made contact with a passing car. :pac:
    In fact many is the night, I got up and not alone cut the offending plant, but I also dug and burned the roots.
    I know, it's of little consolation to the poor misfortunate car owner, but at least it helps me feel a little better:cool:

    I use to train my briars to go after cyclists, and the ambush blacktorn


  • Registered Users, Registered Users 2 Posts: 4,881 ✭✭✭mf240


    The special branch deal with such cases. They are sponsored by benson and hedges.


  • Registered Users, Registered Users 2 Posts: 11,174 ✭✭✭✭Muckit


    if someone is claiming scratches off briars or branches off you ask them can they prove it.

    That could be a thorny issue


  • Registered Users, Registered Users 2 Posts: 240 ✭✭stop thelights


    Mother Nature is liable :)!


    Ah she'd want to clip her bush!!! Haha


  • Registered Users, Registered Users 2 Posts: 1,079 ✭✭✭grazeaway


    it depends on where the branch is. The council is responsible for everything on their side. this is the road and the margins between the boudary's. The boudaries on the majority of land in the middle of the ditch. if the offending branch has come out of the road side of the ditch then it up to them.

    they are a shower of lazy useless fu*kers so dont let them say its up to the land owner behind the ditch. i have already got stuck into the eejitts down here who are expecting me to do their job for them.

    according to the cork COCO website;

    The Roads Department is responsible for the maintenance and upkeep of the existing public road network. The public road network consists of carriageways, margins, footpaths and kerbs.

    I assume the rest of the council are the same


  • Registered Users, Registered Users 2 Posts: 848 ✭✭✭ravima


    The landowner is liable.

    See S70 of the 1993 Roads Act.

    The occupier, if not the owner might also have a responsibility, depending on the wording of the letting agreement.


  • Registered Users, Registered Users 2 Posts: 1,079 ✭✭✭grazeaway


    ravima wrote: »
    The landowner is liable.

    See S70 of the 1993 Roads Act.

    The occupier, if not the owner might also have a responsibility, depending on the wording of the letting agreement.

    Yes but again this depends on the location. If the branch is in the margins or on the road side of the boundary then it is the councils responsibility. They will be quick to point it out if its on your land but you won't be able to find anyone when it's on their side. They are only interested in taking our money and lining their own pockets, despite all their PR spin there are no real services provided and they only do token work to justify their own existence. The local authorises don't give a sh*t about anyone especially those of us living in the country.


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