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Subject Topic: falling tree branch damage
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07/5/2015 at 1:40pm
 Location: Lincoln
 Outfit: Abbey vogue 495
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Some people went to far from the point, which was unhelpful.


08/5/2015 at 1:03pm
 Location: North Essex
 Outfit: Caravelair Alba 400
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There are often threads were op seems to believe that its a simple matter to claim off site owner's public liability insurance. Its not. Try to claim and your claim will be rejected, as a matter of course. Then what, take them to small claims court?

You have already paid for this service. You have paid to insure your caravan so why try to do it yourself? It will cost you a darn sight more in money and time than any extra premium you might have to pay.


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08/5/2015 at 8:00pm
 Location: None Entered
 Outfit: Kampa Hayling 4 Air
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We had a really awful neighbour do this to us once. During the storms 2 years ago a branch flew off our tree and hit his car, it was scratched and he insisted we pay for all the damage. Ridiculous.


08/5/2015 at 8:15pm
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Have you thought of claiming against the Pope?

His boast is that he is God's representative and the falling branch was an act of God.


08/5/2015 at 9:34pm
 Location: Telford Shropshire
 Outfit: Kampa croyde 6 Series 3
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I deal with risk management in my job so I think a few are missing the point here, yes weather is generally attributed to an act of God and as such you just have to put up with it. But in this case the OP entered a contract with the site owner who may (or may not) have failed to show a duty of care towards his client. If the site owner failed to maintain his property to a reasonably safe standard then the OP has every right to claim.

It is not unreasonable, if you have trees on your property and allow clients to camp there, to expect high winds to break branches potentially causing damage. The land owner is therefore obliged to make the trees as safe as possible to reduce the risk as far as is reasonably practicable. If you cannot remove the risk then you reduce it by putting measures in place to mitigate it's effect.

The OP has the right as a paying customer to expect this risk assessment to be have been carried out and to reasonably expect the site owner to have reduced the risk as far as practicable. If what the op says is true, the site owner has already admitted that the trees should have been lopped to a higher level and was therefore aware that they were not suitably maintained. The issue here is did they do what is reasonably practicable, as correspondents we have no way of knowing so if the OP wants to take it further then it is up to him and the insurance company (or small claims court) will assess the claim. But please do not vilify the OP for pursuing what he believes is right.

-------------
May 2015 - Arrow Bank 4 nights
July 2015 - Manorafon 4 nights
August 2015 - Piccadilly Caravan park 3 nights
August 2015 - Wheal Rodney 11 nights


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08/5/2015 at 9:58pm
 Location: Lincoln
 Outfit: Abbey vogue 495
View premdump's Profile View Profile   Reply to premdump Reply   Quote premdump Quote  
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Thanks again RichJean+Ellie.


08/5/2015 at 10:16pm
 Location: Derby.
 Outfit: Karsten 350+Awnings
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Can't be arsed to read back through the thread, but I don't recall anyone vilifying the OP. I do, however, recall folk giving their own opinion to his leading question "Can I claim off the owner of the site?"

In hindsight, maybe it wasn't so wise to ask a legal question on a forum full of folk whose only connection to the legal profession is that they had a registrar preside over the registration of their birth, despite them being generous with their honest opinion... particularly when specifically asked for it.

Probably best if the OP speaks to an expert?

-------------
Campervan:
Give us chance!

Tent:
July 2012-Dec 2024: 456 nights.


08/5/2015 at 10:36pm
 Location: North Wiltshire
 Outfit: Elddis & 3 tents
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Considering this is the camping under canvas section I think the OP did well to get any responses about an issue with their caravan. Also I don't think anyone has vilified them either.


08/5/2015 at 11:25pm
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Premdump

What is your course of action going to be? Have you approached or are you going to approach the owners about presenting them with an invoice for the damage?

-------------
Ollie

2016
Monplaisir - Provence
Camping Les Gorges du Loup


08/5/2015 at 11:36pm
 Location: Lincoln
 Outfit: Abbey vogue 495
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OliverDay. I did speak to the owner who has now said he is leaving it to his insurance company.He pays extra for legal help with claims. So do I, so it's all in their hands now.


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09/5/2015 at 4:00am
 Location: Derby.
 Outfit: Karsten 350+Awnings
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Premdump,
Personally, despite my (unqualified) reservations about the outcome of all this, I do actually think that you ought to "get something out of this", from a moral point of view at least, so I do actually wish you well.
I appreciate this may well be a long drawn out process, but please try and find time to come back and keep us posted as things develop.
Good luck.

-------------
Campervan:
Give us chance!

Tent:
July 2012-Dec 2024: 456 nights.


09/5/2015 at 9:15am
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View Taylor56's Profile View Profile   Reply to Taylor56 Reply   Quote Taylor56 Quote  
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Quote: Originally posted by RichJean+Ellie on 08/5/2015
I deal with risk management in my job so I think a few are missing the point here, yes weather is generally attributed to an act of God and as such you just have to put up with it. But in this case the OP entered a contract with the site owner who may (or may not) have failed to show a duty of care towards his client. If the site owner failed to maintain his property to a reasonably safe standard then the OP has every right to claim.

It is not unreasonable, if you have trees on your property and allow clients to camp there, to expect high winds to break branches potentially causing damage. The land owner is therefore obliged to make the trees as safe as possible to reduce the risk as far as is reasonably practicable. If you cannot remove the risk then you reduce it by putting measures in place to mitigate it's effect.

The OP has the right as a paying customer to expect this risk assessment to be have been carried out and to reasonably expect the site owner to have reduced the risk as far as practicable. If what the op says is true, the site owner has already admitted that the trees should have been lopped to a higher level and was therefore aware that they were not suitably maintained. The issue here is did they do what is reasonably practicable, as correspondents we have no way of knowing so if the OP wants to take it further then it is up to him and the insurance company (or small claims court) will assess the claim. But please do not vilify the OP for pursuing what he believes is right.



This risk management is getting silly,before long the grass will be too slippy the water will be too wet and the pebbles on the pitches with be a trip hazard.
I have just been doing some work in a school where the staff have had to have training in how to sit and stand from the dining tables as a stupid person wrapped her feet around the legs then stood up breaking her ankle.
She claimed off the school and won.
The site owner made the mistake of admitting he should have cut the trees back.
We stay at lots of sites full off trees, are we going to see them all cut down and be kept a safe distance from the pitches now.


09/5/2015 at 10:34am
 Location: Lincoln
 Outfit: Abbey vogue 495
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Taylor56...... we need the trees on campsites, but they do have to be kept as safe as possible. The owner has cut off some lower dead branches from other trees, but he is still letting out the same pitches even now he knows the risk to caravans parked there. It's all about profit, not customer care nowadays.


09/5/2015 at 11:01am
 Location: Stoke-on-Trent
 Outfit: Vango Asante 500 & Coleman Instant 4
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Quote: Originally posted by premdump on 09/5/2015
Taylor56...... we need the trees on campsites, but they do have to be kept as safe as possible. The owner has cut off some lower dead branches from other trees, but he is still letting out the same pitches even now he knows the risk to caravans parked there. It's all about profit, not customer care nowadays.



Maybe you'd feel the same as the owner if your livelihood depended on the number of pitches you can fill.


-------------
April 2015 - Castle Camping, Staffordshire
June 2015 - Castle Camping, Staffordshire
July 2015 - Pillars of Hercules, Fife
August 2015 - Fforest Fields, Powys


09/5/2015 at 11:27am
 Location: Telford Shropshire
 Outfit: Kampa croyde 6 Series 3
View RichJean+Ellie's Profile View Profile   Reply to RichJean+Ellie Reply   Quote RichJean+Ellie Quote  
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Taylor56, you are quite right about risk management going mad. One of our international consultants even goes as far to train employees on how to use the stairs and not holding the hand rail can lead to disciplinary action, totally bonkers!

What I am talking about is what is reasonably practicable. Using trees as an example, it is not unreasonable to keep them maintained. If you had a tree in your garden and you thought there was a danger of branches falling onto your house or car then you would do something about it. Nobody is asking for trees to be removed from campsites, but at the end of the day surely the risk of damage or injury must be considered.

As for my remark about vilifying the OP, ok maybe that was a bit strong but I just thought some of the replies (to a perfectly reasonable question) were getting a bit sarcastic.


-------------
May 2015 - Arrow Bank 4 nights
July 2015 - Manorafon 4 nights
August 2015 - Piccadilly Caravan park 3 nights
August 2015 - Wheal Rodney 11 nights


09/5/2015 at 2:35pm
 Location: 
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Quote: Originally posted by CamperStoke on 09/5/2015
Quote: Originally posted by premdump on 09/5/2015
Taylor56...... we need the trees on campsites, but they do have to be kept as safe as possible. The owner has cut off some lower dead branches from other trees, but he is still letting out the same pitches even now he knows the risk to caravans parked there. It's all about profit, not customer care nowadays.

Maybe you'd feel the same as the owner if your livelihood depended on the number of pitches you can fill.


Perhaps you'd like to explain where you feel it would be unacceptable for an owner to cut corners?

Would unsafe electrics be acceptable for an owner to cut corners?


-------------
Ollie

2016
Monplaisir - Provence
Camping Les Gorges du Loup



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