Kerosene oil leak

n3llo

Has anyone ever experienced this situation in a garden of a terrace house where a neighbors property is affected?

Private Joker

I would get onto the councils environment section, this could potentially be very serious , depending on the scale of the leak.

n3llo

Private Joker wrote: »

I would get onto the councils environment section, this could potentially be very serious , depending on the scale of the leak.

All relevant professionals have been involved and our garden has had the remedial works carried out, our garden is grand now however next door garden has had some impact and they have to have the same investigative works and remedial works carried out as well via their insurance. Any thoughts on how these situations pan out?? Stress ++

LowKeyReturn

Oh Rylands v Fletcher - we meet again!

n3llo

LowKeyReturn wrote: »

Oh Rylands v Fletcher - we meet again!

So, in brief, as it was accidental we could be found negligent?

LowKeyReturn

Can't give legal advice; partly due to forum charter, mainly due to incompetence to do so. Speak to your insurance company.

Kosseegan

I am aware of a situation where it happened to a house near where I live. It went on for 5 years and involved 2 sets of High Court proceedings and the whole thing cost over €1.3m.
Getting kerosene into the ground near or under a house is very serious and could have major health implications for the residents of the house. It should be covered on household insurance.
There is no effective remediation only to take away the affected soil. There are companies claiming they can bio-remediate. In the case I mentioned above the bio remediator did not swear up when it got to court. The householder affected had got his own chemist who delivered a report which knocked the case stone dead.

n3llo

Kosseegan wrote: »

I am aware of a situation where it happened to a house near where I live. It went on for 5 years and involved 2 sets of High Court proceedings and the whole thing cost over €1.3m.
Getting kerosene into the ground near or under a house is very serious and could have major health implications for the residents of the house. It should be covered on household insurance.
There is no effective remediation only to take away the affected soil. There are companies claiming they can bio-remediate. In the case I mentioned above the bio remediator did not swear up when it got to court. The householder affected had got his own chemist who delivered a report which knocked the case stone dead.

What do you mean by did not swear up in court? Not sure I understand!a chemist?

NoQuarter

The basis for them to claim in law is there. A well known legal principle as LowKeyReturn has mentioned. If you google Rylands v. Fletcher you can read about it.

I've seen a similar case go through court. I hope for your sake the kerosene leak was not your fault and perhaps the fault of the container manufacturer or otherwise.

If you get a summons you had better seek legal advice.

Jo King

n3llo wrote: »

What do you mean by did not swear up in court? Not sure I understand!a chemist?

You have heard of chemists surely? People qualified in chemistry.

meercat

a house 3 doors up had a kerosene leak
it affected 3 houses on our road and also 3 houses behind
all 6 gardens had to be dug up and treated
took 3 months work in total
2 garden walls had to be knocked and rebuilt
specialist company from the north had to do it

neighbours insurance company agreed to pay for all works,not our insurance

problem was worse because they didnt act sooner and the kerosene dispersed into the soil and diluted with the ground water

Victor

The prolem with oil is that it is lighter than water, so when it reaches the water table, it then starts spreading, typically into other peoples' properties and drainage systems.

Jo King

n3llo wrote: »

So, in brief, as it was accidental we could be found negligent?

Accidents don't happen, they are caused. Oil just doesn't leak, someone doesn't maintain the tank or the pipes or the boiler or is careless in filling the tank and then there is an oil spill.