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Paying house owner cash for broken glass door?

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  • 24-04-2018 5:37pm
    #1
    Registered Users Posts: 2


    Would like advise on the following:

    Son (17) was at a party in people's holiday home. (My son was invited by the daughter of the people who own the house, it was her party.) At the start of the party he saw a friend arriving and rushed outside. A sliding door that had been open two minutes before was now closed. He ran into it, the glass on his side of the door broke. (Double glass, the other side was intact). My son only got a few scratches on his forhead and hand.
    The people owning the house now want to put in new window themselves and are asking us to pay for the window. They will put in the cheapest window possible. (They are in the process to do up the house in order to sell it soon.)

    Do I have the obligation to pay? Why they do not go to their house insurance?

    Should that door have been fitted with safety glass?


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Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    If their wasn't suppose to be guests at the house then the daughter is 50% responsible. If you want to keep things harmonious you could put this to them and offer to pay 50%.


  • Registered Users Posts: 25,380 ✭✭✭✭coylemj


    If there was no stripes or an opaque pattern on the glass to alert someone to it's existence, I'd tell them to bugger off. Mention the possibility of your son getting headaches, seeing double and having sleepless nights, just watch them run for cover.


  • Registered Users Posts: 9,420 ✭✭✭splinter65


    Do you not want to pay for the glass door your son broke?


  • Posts: 0 [Deleted User]


    Your son broke it so you should pay for it end of! Can’t believe this attitude! He must have ran into it at some pace also to have broken it!


  • Registered Users Posts: 5,480 ✭✭✭Chancer3001


    How is this even a discussion.

    Your son broke it. It was his fault

    Why shouldn't you pay for it.

    1000% up to you to pay it.

    What if their daughter came to your house and accidentally broke a window . Shouldn't she pay for it ?


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  • Registered Users Posts: 1,443 ✭✭✭JustJoe7240


    How is this even a discussion.

    Your son broke it. It was his fault

    Why shouldn't you pay for it.

    1000% up to you to pay it.

    What if their daughter came to your house and accidentally broke a window . Shouldn't she pay for it ?

    The irony of "Chancer3001" calling out an absolute chancer :D

    I agree 100% with the above though, How you can't see the son is at fault and liable for the damage is beyond me.


  • Closed Accounts Posts: 2,103 ✭✭✭Tiddlypeeps


    Morally the right thing to do is to pay to replace it. If I break something belonging to someone else, accident or no, I feel like it's my responsibility to replace it.

    Legally it likely depends on a whole bunch of variables. Odd's are if you just refused to pay then that would be the end of it, as the cost of coming after you for it would likely not be worth it.

    Particularly because they are being reasonable and replacing with the cheapest option available I'd recommend just paying it. You might have an argument to make if they were being jerks and looking to replace the whole door or something insane. But it seems they are being decent about it so just pay up if you can.


  • Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Pay for the damage your son caused

    Everything else is irrelevant.


  • Registered Users Posts: 837 ✭✭✭crossmolinalad


    Hmm weird
    Had a time ago a similar problem with a window in a garage
    Garage was renovated into a granny house , they take out the doors and put in place a window from floor to sealing
    Joke was just finnised when I came in and drove with my bike true the window
    I could not see it was glass
    Had to pay for it but took it to court didn't understand exactly what the judge ment but the end of the story was not to pay for it because window was not up to building regs
    Window had to be safety glass and it was not and even had no marks on it , could not see it was a window just looks like open doors
    Owner of the window even had to pay for the damage of my bike but I told him leave it , its okay


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    Your son caused damage, pay up. Don't set a crap example for him. Make him work off the cost in some manner.


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  • Registered Users Posts: 78,332 ✭✭✭✭Victor


    clothpeg wrote: »
    Should that door have been fitted with safety glass?
    Doors and windows that have glass below a height of about 1 metre should be safety glass. But safety glass does break. There should be markings at eye level to let people know that the door is / isn't open.

    I would only be paying for a pane of glass - maybe €100 - not a new window.


  • Registered Users Posts: 25,380 ✭✭✭✭coylemj


    In my opinion it would come down to cost ...

    Bearing in mind that this is a Legal forum, what has the cost of the repair got to do with it?


  • Registered Users Posts: 78,332 ✭✭✭✭Victor


    coylemj wrote: »
    Bearing in mind that this is a Legal forum, what has the cost of the repair got to do with it?
    But the cost of what? Is there joint liability?

    PS This thread is giving me flashbacks to the guilt of the time, aged 9, that I pulled the handle off the neighbour's back door.


  • Registered Users Posts: 14,331 ✭✭✭✭jimmycrackcorm


    splinter65 wrote:
    Do you not want to pay for the glass door your son broke?

    Hang on though. How is it that the glass got broken? For someone who is unfamiliar with the layout it's very easy to go through a badly designed full glass door.
    coylemj wrote:
    Bearing in mind that this is a Legal forum, what has the cost of the repair got to do with it?

    I wonder how a court would deal with it when there are no end of videos on YouTube of people going through these doors that have nothing on them to indicate there is glass.


  • Registered Users Posts: 22,259 ✭✭✭✭endacl


    I've a neighbour like you, OP. Her son knocked my wing mirror off with a football.

    Same shyte. "Why should I pay. He's only a young fella. He didn't mean to do it. Can you not claim it off your insurance?"

    Pay up. You can dock his pocket money. On the other hand, if you dig your heels in, there's no way to compel you to do the right thing. But then you'd be like my neighbour.

    None of my other neighbours like my neighbour. Guess who had to dig her own snow, all by herself? Twat.


  • Registered Users Posts: 11,647 ✭✭✭✭El Weirdo


    He's 17. He should be paying for it himself, tbh.


  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    A few thoughts.

    The 17 YO does not have to pay for the glass unless he was somehow at fault i.e. negligent.

    Even if the 17 YO had been negligent the OP, as his mother, has absolutely no legal liability - vicarious or otherwise.

    The attitude of "you broke you pay for it" does not apply in this situation. This was a house not an antiques shop. One might infer from some posters that this was a strict liability situation.:rolleyes:

    Prima facie, on the evidence, the door in question is a dangerous hazard. The actual presence of the door needs to be made obvious to all who might reasonably be expected to pass through that place. Otherwise, it is actually something of a trap.

    The dangers of such doors and the consequences of collision with them are well and long known. Failure by the occupiers of the house to bend their minds to this reasonably foreseeable risk almost puts this in to the evidentiary category of an event in which you could argue res ipsa loquitor.

    A reasonably minded person could take basic and effective steps to nullify this reasonably foreseeable event by the use of some decorative stickers.

    A few years ago I dealt with a few cases of exactly this type of scenario. In some cases the "pedestrians" were very seriously injured. We never defended those cases as the transparent nature of such doors was considered to constitute a premises defect. OP's son is a lucky boy to have escaped so lightly.

    The owner's should refer the matter to their own household insurers. If the insurers think that there has been negligence they can exercise subrogation rights against the 17 YO personally. I don't see that happening.


  • Registered Users Posts: 5,416 ✭✭✭FAILSAFE 00


    NUTLEY BOY wrote: »
    A few thoughts.

    The 17 YO does not have to pay for the glass unless he was somehow at fault i.e. negligent.

    Even if the 17 YO had been negligent the OP, as his mother, has absolutely no legal liability - vicarious or otherwise.

    The attitude of "you broke you pay for it" does not apply in this situation. This was a house not an antiques shop. One might infer from some posters that this was a strict liability situation.:rolleyes:

    Prima facie, on the evidence, the door in question is a dangerous hazard. The actual presence of the door needs to be made obvious to all who might reasonably be expected to pass through that place. Otherwise, it is actually something of a trap.

    The dangers of such doors and the consequences of collision with them are well and long known. Failure by the occupiers of the house to bend their minds to this reasonably foreseeable risk almost puts this in to the evidentiary category of an event in which you could argue res ipsa loquitor.

    A reasonably minded person could take basic and effective steps to nullify this reasonably foreseeable event by the use of some decorative stickers.

    A few years ago I dealt with a few cases of exactly this type of scenario. In some cases the "pedestrians" were very seriously injured. We never defended those cases as the transparent nature of such doors was considered to constitute a premises defect. OP's son is a lucky boy to have escaped so lightly.

    The owner's should refer the matter to their own household insurers. If the insurers think that there has been negligence they can exercise subrogation rights against the 17 YO personally. I don't see that happening.

    What.


  • Registered Users Posts: 13,516 ✭✭✭✭Dial Hard


    Ah come off it NB. I realise this is Legal Discussion, but there's the "What am I legally required to do here?" answer and the "What's the right thing to do here?" one and personally I think it's a bit of a no-brainer.


  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    endacl wrote: »
    I've a neighbour like you, OP. Her son knocked my wing mirror off with a football.

    Same shyte. "Why should I pay. He's only a young fella. He didn't mean to do it. Can you not claim it off your insurance?"

    Pay up. You can dock his pocket money. On the other hand, if you dig your heels in, there's no way to compel you to do the right thing. But then you'd be like my neighbour.

    None of my other neighbours like my neighbour. Guess who had to dig her own snow, all by herself? Twat.

    Somewhat unfair given that the facts of this scenario are not on all fours with the OP's issue.

    BTW what age was the footballer ? If he was old enough to know better he should be pinged for the damage to the mirror.

    Otherwise, I would share your irritation with the classical "they're only bleedin childer" response :mad:


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  • Registered Users Posts: 33,817 ✭✭✭✭listermint


    NUTLEY BOY wrote: »
    Somewhat unfair given that the facts of this scenario are not on all fours with the OP's issue.

    BTW what age was the footballer ? If he was old enough to know better he should be pinged for the damage to the mirror.

    Otherwise, I would share your irritation with the classical "they're only bleedin childer" response :mad:

    What the fk has age got to do with it, if your child goes around damaging your neighbours property then its up to you to put it right, the way it was before.


    Chancers like yourself make horrible neighbours.

    Its a good reason to move out to the countryside some people are absolutely ignorant of the world around them they only see whats in their own sphere.


  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Dial Hard wrote: »
    Ah come off it NB. I realise this is Legal Discussion, but there's the "What am I legally required to do here?" answer and the "What's the right thing to do here?" one and personally I think it's a bit of a no-brainer.

    To you, it might be a "no-brainer" morally.

    As you correctly point out this is indeed a legal discussion thread. So, what are your views on that aspect of matters ?


  • Registered Users Posts: 33,817 ✭✭✭✭listermint


    NUTLEY BOY wrote: »
    To you, it might be a "no-brainer" morally.

    As you correctly point out this is indeed a legal discussion thread. So, what are your views on that aspect of matters ?

    And we wonder why children now have less and less respect for Authority.....


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Reasonably common accident that could happen to anyone, no overt negligence on the part of your son and certainly no malice intended.

    Ethically I wouldn't expect a visitor to pay for accidental damage in my home, it seems like a very unreasonable request on their part.

    Forget about it being a 17 year old at a party. If it had happened to an adult whom you had invited into your home, would you be chasing them to pay for the window? I know I wouldn't.

    Legally I doubt there's any way to recover this cost from you.


  • Registered Users Posts: 11,205 ✭✭✭✭hmmm


    Just be careful when delivering the solicitors letter through the broken window as your opening legal salvo, you don't want to stick your hand through the other window by accident.


  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    listermint wrote: »
    What the fk has age got to do with it, if your child goes around damaging your neighbours property then its up to you to put it right, the way it was before.


    Chancers like yourself make horrible neighbours.

    Its a good reason to move out to the countryside some people are absolutely ignorant of the world around them they only see whats in their own sphere.

    If the footballer was old enough to be capable of being negligent he is old enough to pay for the damage to the mirror.

    A child who damages property does not impose automatically either a direct or a vicarious liability on a parent. If the child was acting as an agent of the parent it would be different.

    P.S. Who is the "chancer" to whom you refer ?


  • Registered Users Posts: 2,594 ✭✭✭emeldc


    Jeez. I dunno. If I was the owner of the house I'd be happy that the young lad didn't slit a main artery and bleed to death on the spot. It's just a fuggin' window. Nobody died thank God. I'd be putting it down to experience and fixing it myself. And then banning any more party's. It doesn't look like the current owner is going to do that though.


  • Registered Users Posts: 1,432 ✭✭✭Gerry T


    You have a responsibility to teach your child right from wrong, so I'll help you here.
    Son goes to friends house, sees parent bringing in lots of shopping bags and he helps bring them in. That's a good thing, he should do more of this.
    Your son goes to a friends house and breaks something, even by mistake. That's a bad thing, wrong, he should do less of this. He should offer to pay to fix the broken object, alot of times he won't have to, offering will usually end things.

    Now that's the right and wrong lesson, I'm guessing your parents don't know this.

    We need less ambulance chasers, and people saying Im not legally obliged FFS. What are you expecting, your child to do a house induction course and then a risk assessment based on their planned activity with double parental signoff :-?
    if he was extremely injured then an insurance claim may be necessary to pay Hugh bills, otherwise you pay..read lesson above again if your confused.

    How can such a very very basic question warrant debate.

    Another option is to tell your son to cut back on the booze and stumbling into glass doors.


  • Closed Accounts Posts: 4,457 ✭✭✭ford2600


    clothpeg wrote: »
    ?

    Should that door have been fitted with safety glass?

    In an about door is defined as a "critical location". Depending on pane size it should conform to Class B or Class C of BS 6206.

    The fact your son wasn't cut makes it possible it was Class C. I wouldn't be replacing with the cheapest pane they can find either, whoever pays. A good glass company should know this anyhow


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  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Gerry T wrote: »
    We need less ambulance chasers,
    You mean like people expecting house visitors to pay damages for honest accidents? I agree.


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