Being scapegoated! Advice pls.

Peonygrace

Hi. I renovated my home purchased late Nov 15 with work happening Mid Jan to March 2016, last year before moving in not long after St Patricks weekend. At the time, a certain company were going around the country installing things under the ground and doing works, which they happened to be doing up and down our street some time during my renovation.

They ripped up the public footpath to install what they were installing, and an unfortunate soul tripped over the shambolic temporary cover they put over the hole they made in the ground, which was not level. This was on the public footpath "in or around" the area of my house. The lady got "quite serious injuries" according to her solicitor.

I recall this happening at the time, only because my builder told me an engineer had been around because an incident had occurred outside on the public footpath with a lady tripping over said hazard in the night time, and breaking something. I asked if I needed to do anything and I was told no, as it was to do with the company who left the hazard on the footpath.

They moved on, I moved in, and that was that.

Fast forward almost a year and a half and today I have received a claim letter, informing me I am now being made party to this claim, because said company have advised the claimant's solicitor that at the time of this accident, there was a house "in or around" the public footpath where this incident occurred, with building work happening at it.

All my work was internal works, so I am 100% certain this accident had nothing to do with me or any of the work my builder carried out for me. The claimant is not accusing us of anything and I have never heard from her or her solicitor or had any queries until today.

The thing she tripped on belonged to the company, was put there by the company outside the boundary of my front gate (without my permission I might add, or any notice)

I do recall the yellow hazardous hole cover was not level, and stepping over it to enter my own gate and thinking it was dangerous, and that no-one had bothered to notify us they were going to be digging up the public footpath directly outside my house. It wasn't there long enough for me to make a complaint or query about it and as I wasn't living there, I didn't think anything further of it. Until now!

I spoke today to the claimant's solicitor and I said it seems the company at fault are trying to scapegoat me in this - he agreed and said he had not expected it to take this turn at all.

He suggested to send the matter on to my home insurance company, and to seek legal advice.

Just wondering what the best course of action is here as I am really quite confident we are not at fault but I have never had anything like this happen to me before, and I am about to have my second baby so I really, really could do without legal proceedings of any kind in my life.

Any advice is appreciated.
I've had a look through my phone and can't find any photos that might help my case, but I did find a picture from that week of from my gate in to front door and it is clear that the work was happening inside the house - the path is fine.

I don't know what pictures if any, the claimant or the company I believe are at fault have.

dreamers75

This is 1000% get a solicitor situation.

Now the next question someone here could answer is can the OP be reimbursed for his solicitor when the claim is paid by the company.( it will be paid)

Peonygrace

URGH.

I hope so because this is really the last thing I need!

dreamers75

You could chance it and bring your invoices for the work done to the court to prove no external works were done but I wouldnt chance it, get a solicitor to advise you what to do.

Peonygrace

Yeah, I'll have a chat to a solicitor I know and see what they think. BRILLIANT.

As one of the posters said, get legal advice.

If the works to your house have an impact on the surrounding area of your house (such as the footpath) you may/would have needed an open road licence.

http://www.fingal.ie/business-and-economy/licenses-and-permits/

Peonygrace

Yeah the work to my house didn't impact the surrounding area. That's the point. My renovation work was happening inside the front door.

The company carried out their own works on the public footpath outside my house and outside the boundary of my front gate, where this lady apparently hurt herself (they never notified me it was going on, either!) She tripped on something they left on the ground. The work had nothing whatsoever to do with my project - they just turned up one day, did whatever they were doing, then left.

Now a year and half later they are trying to somehow connect their unrelated public works to my very small, internal renovation project.

tracey turnblad

How could the company even rememeber that you were having internal works done?

Peonygrace

Peonygrace wrote: »

Yeah the work to my house didn't impact the surrounding area. That's the point. My renovation work was happening inside the front door.

The company carried out their own works on the public footpath outside my house and outside the boundary of my front gate, where this lady apparently hurt herself (they never notified me it was going on, either!) She tripped on something they left on the ground. The work had nothing whatsoever to do with my project - they just turned up one day, did whatever they were doing, then left.

Now a year and half later they are trying to somehow connect their unrelated public works to my very small, internal renovation project.

Ah, I see- sorry, your original post is totally clear.

Still, get the legal advice. It sounds like a coincidental thing- she's associating your building work with totally unrelated works happening just outside your driveway and not related at all in any way to the work you were doing?

I'd forward the letter to your own solicitor- probably the safest way of dealing with this. It sounds like it will go away rather quickly but needs a firm legal hand before it escalates - she obviously believes the work you were doing internally was related to the external works
otherwise she'd be after said company.

however, unless- unless- your workmen did something outside that caused this?

Peonygrace

tracey turnblad wrote: »

How could the company even rememeber that you were having internal works done?

According to the claimants solicitor, they sent an engineer around to inspect the trip hazard (I suppose around the time she fell and got injured) and he noticed there was building work happening at my premises.

I haven't heard a word about this until today so it's coming as quite a shock!

Peonygrace

Deleted User wrote: »

Ah, I see- sorry, your original post is totally clear.

Still, get the legal advice. It sounds like a coincidental thing- she's associating your building work with totally unrelated works happening just outside your driveway and not related at all in any way to the work you were doing?

I'd forward the letter to your own solicitor- probably the safest way of dealing with this. It sounds like it will go away rather quickly but needs a firm legal hand before it escalates - she obviously believes the work you were doing internally was related to the external works
otherwise she'd be after said company.

however, unless- unless- your workmen did something outside that caused this?

It's not the claimant associating me with this, it's the company.
I think they have to add me as party to it now, because company are saying it has something to do with me or at least implying that?

I haven't heard a word from her before this, and her solicitor said this was not the way he expected things to turn at all...company solicitor is just bringing me into it now presumably to share the fall, but how I don't know seeing as the thing she fell on wasn't anything relating to any of our work, and happened outside on a public footpath?!

Peonygrace

I've sent my solicitor a message and I'll let them handle it! THE JOYS
The claim is lady vs company, not lady vs me.
Was not expecting to be invited to any parties this month, especially not this one I didn't even know about!!

johnnyskeleton

Peonygrace wrote: »

Yeah, I'll have a chat to a solicitor I know and see what they think. BRILLIANT.

Did you have home insurance at the time that included public liabilty? If so, contact them first as they may wish to take over the running of the case.

Peonygrace

Peonygrace wrote: »

I've sent my solicitor a message and I'll let them handle it! THE JOYS
The claim is lady vs company, not lady vs me.
Was not expecting to be invited to any parties this month, especially not this one I didn't even know about!!

Best of luck with it. Hopefully common sense will prevail and you're identified as an innocent party at the earliest opportunity.

What is she claiming she tripped on?

Peonygrace

johnnyskeleton wrote: »

Did you have home insurance at the time that included public liabilty? If so, contact them first as they may wish to take over the running of the case.

Yes I did and I need to dig out my cover documentation to double-check the fine print but fairly sure I had the whole shebang. I'll give them a call in the morning.

Peonygrace

Deleted User wrote: »

Best of luck with it. Hopefully common sense will prevail and you're identified as an innocent party at the earliest opportunity.

What is she claiming she tripped on?

an unsecured cover raised above the surface of the footpath which was put in place by servants or agents who were carrying out works to the public footpath on behalf of Said Company.

Let's hope this resolves quickly as you say!

When I got my green an post notice I thought I had a present down in the post office waiting for me and all. Waah!

Peonygrace

Peonygrace wrote: »

an unsecured cover raised above the surface of the footpath which was put in place by servants or agents who were carrying out works to the public footpath on behalf of Said Company.

Let's hope this resolves quickly as you say!

When I got my green an post notice I thought I had a present down in the post office waiting for me and all. Waah!

For whatever reason, you've been caught up in this. Not pleasant but from all you've said so far, doesn't look like there's anything to worry about- maybe said company is disputing the condition of the outside path etc and are claiming your works/people affected that?

Even with such a claim, it sounds like you can easily refute such a claim- so Solicitor is probably best way forward.

Do let us know how you get on?

lifeandtimes

Surely (and I hate saying that because everyone responds with don't call me sherly) a company doing work outside your house on a certain part of the path they and are known to require access too and said lady trips over said certain part of the path that said company are known to need access too.....implies said company are at fault. It should be a home run with you being left off but I'm sure you solicitor will need to make it happen for you although they shouldn't in reality but sometimes the courts don't live in reality

Good luck op

nuac

Mod
As already correctly advised here you will have to consult your own solicitor
Also notify your insurer
Thread closed