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My car was damaged by a falling brick in Kildare Co. Co. car park

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  • 01-02-2010 8:42pm
    #1
    ToadVine
    Closed Accounts Posts: 659 ✭✭✭


    Hi everyone. I'd really appreciate some advice about the following please.

    I always park in the GAA car park in Newbridge. I parked there this morning, and when I came back to my car this afternoon I noticed a brick on my bonnet. The brick had fallen from the car park wall, and I noticed there was a number of other loose bricks and stones on top of the wall. The brick had badly dented and scratched my bonnet.

    I took pictures of the car, the wall, the loose stones, and the loose material from the wall which had fallen to the ground. I immediately phoned Kildare Co Co, but the person who deals with public liability had left work for the day. I left a message for her to contact me tomorrow.

    The damage to the car will be substantial ... garage estimate about €700-€1000, and if the bonnet has to be replaced it will be a lot more than this.

    So has anyone any advice about what I should do now? Can I get Kildare Co Co to pay for my car? Are they liable for the damage? (I dread to think what a brick/stone from that wall would do to someone's head!!!). The terms of use of the car park are not displayed on the ticket, or anywhere else in the car park ... I checked.

    Any suggestions or advice would be very much appreciated.


Comments

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    #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    if the carpark belongs to the GAA club then it is them surely you should be chasing for compensation? is this a pay carpark or free parking?


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    #3
    Mick gtt
    Registered Users Posts: 13 ✭Mick gtt


    Your charged in that car park (presuming the one behind xtra vision)


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    #4
    ToadVine
    Closed Accounts Posts: 659 ✭✭✭ToadVine


    foggy_lad wrote: »
    if the carpark belongs to the GAA club then it is them surely you should be chasing for compensation? is this a pay carpark or free parking?

    Hi and thanks for the fast reply. The car park belongs to Kildare Co Co ... it used to belong to Kildare GAA I think.

    EDIT: yes its the one behind Xtravision. Owned by Kildare Co Co (I'm 99% sure, but open to correction on that)!!!

    Its a pay car park ... €3 for the entire day or €0.50 an hour.


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    #5
    ronaneire
    Registered Users Posts: 1,698 ✭✭✭ronaneire


    Did you notice if there were any signs as you enter the car parK, saying that you park at your own risk and that the owners will not be liable for any damage or if your car was broken into?


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    #6
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    ToadVine wrote: »
    Hi and thanks for the fast reply. The car park belongs to Kildare Co Co ... it used to belong to Kildare GAA I think.

    EDIT: yes its the one behind Xtravision. Owned by Kildare Co Co (I'm 99% sure, but open to correction on that)!!!

    Its a pay car park ... €3 for the entire day or €0.50 an hour.
    then kildare county council have a duty of care to you and your car so they should pay for any damage but they will most likely claim that cars are parked at your own risk.


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    #7
    ToadVine
    Closed Accounts Posts: 659 ✭✭✭ToadVine


    ronaneire wrote: »
    Did you notice if there were any signs as you enter the car parK, saying that you park at your own risk and that the owners will not be liable for any damage or if your car was broken into?

    There are no signs and nothing written on the parking ticket.
    foggy_lad wrote: »
    then kildare county council have a duty of care to you and your car so they should pay for any damage but they will most likely claim that cars are parked at your own risk.

    Thats my question. Can they do this? Surely not if damage is from something like falling bricks from an old/damaged wall?

    Imagine if that brick had fallen on a child's head. Kildare Co Co must surely be liable sign or no sign?


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    #8
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Whoever owns the wall would be liable unless they can show a third party is responsible. If it's on a boundary with someone else's property it may not belong to the car park and the Council could be in the clear but I'm sure the Council won't be long telling you if that's the case.


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    #9
    Run_to_da_hills
    Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    ToadVine wrote: »
    Imagine if that brick had fallen on a child's head. Kildare Co Co must surely be liable sign or no sign?

    The car park should be closed immediately until the HSA (Health & Safety Authority) carry out an inspection and the OP should be on to them straight away.

    If this was a building site where hard hats are required you could be damn sure that the site would be shut until it was deemed safe again.


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    #10
    ToadVine
    Closed Accounts Posts: 659 ✭✭✭ToadVine


    Run_to_da_hills wrote: »
    The car park should be closed immediately until the HSA (Health & Safety Authority) carry out an inspection and the OP should be on to them straight away.

    If this was a building site where hard hats are required you could be damn sure that the site would be shut until it was deemed safe again.

    I was just thinking this.

    How do I go about informing the HSA of this? Should I threaten Kildare Co Co with this when I'm talking to them tomorrow?

    Any more advice on where I stand legally with regard to getting compensation from Kildare Co Co?


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    #11
    Run_to_da_hills
    Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    ToadVine wrote: »
    I was just thinking this.

    How do I go about informing the HSA of this? Should I threaten Kildare Co Co with this when I'm talking to them tomorrow?

    Any more advice on where I stand legally with regard to getting compensation from Kildare Co Co?

    They are based in Dublin and would have a rep call out to inspect the wall. Tell them that the wall poses a public safety hazard and they should be on to the matter quite promptly. Getting them on the case would also assist you in any claim you make against the KCC for damages to your car

    HSA Locall: 1890 289 389 (between 9am and 5pm, Monday to Friday)


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    #12
    91011
    Closed Accounts Posts: 1,383 ✭✭✭91011


    ToadVine wrote: »
    I was just thinking this.

    How do I go about informing the HSA of this? Should I threaten Kildare Co Co with this when I'm talking to them tomorrow?

    Any more advice on where I stand legally with regard to getting compensation from Kildare Co Co?

    GREED GREED GREED - Compo Compo Compo - No wonder the country is in such a state.

    Maybe you should inform the HSA because it is a DANGER to OTHER people and not as a "threat" to wrangle money out of a county council. Or maybe you're like so many other people, and want to get as much as possible out of a state supported organisation.

    The brick fell on your car, it can't have done that much damage. Call to Kildare co co to discuss it, but eff off with the stupid threats and gombeen attitude you seem to have. Yes they'll probably have to pay for the repair of the car but as for compensation?? - Not a chance.


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    #13
    pickarooney
    Moderators, Arts Moderators Posts: 35,472 Mod ✭✭✭✭pickarooney


    Would you not wait until the person who is in charge of this is there and speak to them first before asking here what you should do?


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    #14
    hobochris
    Registered Users Posts: 2,164 ✭✭✭hobochris


    91011 wrote: »
    GREED GREED GREED - Compo Compo Compo - No wonder the country is in such a state.

    Maybe you should inform the HSA because it is a DANGER to OTHER people and not as a "threat" to wrangle money out of a county council. Or maybe you're like so many other people, and want to get as much as possible out of a state supported organisation.

    The brick fell on your car, it can't have done that much damage. Call to Kildare co co to discuss it, but eff off with the stupid threats and gombeen attitude you seem to have. Yes they'll probably have to pay for the repair of the car but as for compensation?? - Not a chance.

    :rolleyes:

    What the Op is looking for he/she is perfectly entitled to, Cost of repair and remuneration of any cost inquired as a result of the incident(car rental etc..), If the cars value has been effected as a result of this incident the op is also entitled to be compensated for that.

    Or should the CO co be aloud wash their hands of all responsibility for any property they are supposed to maintain?


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    #15
    John_Mc
    Registered Users Posts: 2,791 ✭✭✭John_Mc


    91011 wrote: »
    GREED GREED GREED - Compo Compo Compo - No wonder the country is in such a state.

    Maybe you should inform the HSA because it is a DANGER to OTHER people and not as a "threat" to wrangle money out of a county council. Or maybe you're like so many other people, and want to get as much as possible out of a state supported organisation.

    The brick fell on your car, it can't have done that much damage. Call to Kildare co co to discuss it, but eff off with the stupid threats and gombeen attitude you seem to have. Yes they'll probably have to pay for the repair of the car but as for compensation?? - Not a chance.

    Absolute rubbish! The fact that its a state support organisation has nothing to do with it, nor does the state of the country.

    The OP is completely entitled to have the car returned to it's original condition without incurring costs, or having their integrity questioned by the likes of you.


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    #16
    ToadVine
    Closed Accounts Posts: 659 ✭✭✭ToadVine


    Hi folks, and thank you for all the constructive replies.

    Just to clarify ... my main concern in this is to make sure this damaged wall is repaired and no one is hurt. Second to that is getting my car returned to its original condition. I do not want extra compensation ... I just want my car back the way it was yesterday before this accident.

    I've reported the incident to the Grada and the HSA, and I've also informed Kildare co co. (It's been a long morning on the phone).

    The Garda, the HSA, and Kildare co co have been back in contact with me already, and something is being done about the wall as a matter of urgency.

    /EDIT/ I've just been informed that Kildare co co are now onsite in the car park and fixing the wall.


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    #17
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    ToadVine wrote: »
    I've just been informed that Kildare co co are now onsite in the car park and fixing the wall.

    Well that also means you're covered to claim against them for the repair to your car also. Probably a lot cheaper than if the brick had hit a kid.


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    #18
    Hitchhiker's Guide to...
    Registered Users Posts: 3,322 ✭✭✭Hitchhiker's Guide to...


    91011 wrote: »
    GREED GREED GREED - Compo Compo Compo - No wonder the country is in such a state.

    Maybe you should inform the HSA because it is a DANGER to OTHER people and not as a "threat" to wrangle money out of a county council. Or maybe you're like so many other people, and want to get as much as possible out of a state supported organisation.

    The brick fell on your car, it can't have done that much damage. Call to Kildare co co to discuss it, but eff off with the stupid threats and gombeen attitude you seem to have. Yes they'll probably have to pay for the repair of the car but as for compensation?? - Not a chance.

    Infracted. Please be polite in future when someone is looking for advice.


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    #19
    Deisler
    Registered Users Posts: 401 ✭✭Deisler


    You can put a claim in under the Public Liability insurance policy that the property owner or the car park management company have in place.


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    #20
    Run_to_da_hills
    Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    Deisler wrote: »
    You can put a claim in under the Public Liability insurance policy that the property owner or the car park management company have in place.
    I don't think PL is manditory in this country although it is recommended that any business should take it out.


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