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MikeG
04-08-2005, 07:09 AM
On the way home last night, it was quite windy, an estate agents "for sale" board came flying through the air towards me. As I was doing about 60 this caused me some concern. I grabbed the brakes and ducked as low as I could, the board just missed my head.
Now, if the board had hit me, and caused injury, or made me drop the bike, would I have a claim against the estate agent?
These boards seem to be generally made of some plastic honeycomb material, but having one slice into your neck at 60mph is likely to cause some damage to my tender skin, if it doesn't decapitate me totally. Surely the agents must have some "duty of care" to the general public?
Anyone have any knowledge of the law in these type of things?

mark cross
04-08-2005, 09:09 AM
On the way home last night, it was quite windy, an estate agents "for sale" board came flying through the air towards me. As I was doing about 60 this caused me some concern. I grabbed the brakes and ducked as low as I could, the board just missed my head.
Now, if the board had hit me, and caused injury, or made me drop the bike, would I have a claim against the estate agent?
These boards seem to be generally made of some plastic honeycomb material, but having one slice into your neck at 60mph is likely to cause some damage to my tender skin, if it doesn't decapitate me totally. Surely the agents must have some "duty of care" to the general public?
Anyone have any knowledge of the law in these type of things?
Estate agents are kind loyal servants of the communities that they live and work in, selflessly giving of themselves with only their clients best needs in mind. They enhance our streets with their colourful street furniture and provide much needed work for salesmen of dodgy suits. To think that anybody would even consider legal action against a member of this noble band of modern day samaritans is terrible. Compensation culture gone mad.
That said, why not collect the board and insert in in the agents office(orifice)and communicate your concern and displeasure. (glad you werent hurt)

steviej
04-08-2005, 09:40 AM
..................but I reckon your right about the 'Duty of Care'. The Estate Agent is responsible for fittings. The people who fit them are covered by 'Vicarious Liablity' situations.


Having said all that it could be construde as an Act of God due to 'Unpresidented Weather Conditions'....
.....(whoever he is) :eek:

queen_gpants
06-08-2005, 05:21 PM
I can't believe I'm replying to this but hey ho....

The Estate Agents don't erect the boards, it's a contract company who supply and fit them and then remove when the sale/let has gone through. The estate agent just pays the bill at the end of each month, I only know this cos I used to work for a big Letting Agent in London and it was my job to send the invoices down to accounts.

So I suppose it you did get hit on the head by one of their boards then you'd have to sue the contract company?

Hope that helps? :)