Who Pays For The Damage

[cliomadness6]

when parked in my work car park, a famrer next door got his shed resprayed. as a result, most of the cars in our car park have been hit with an overspray. there is a very rough surface on all cars now, and when you look closly you can see the tiny paint specs. We have also noticed that there are rust spots beginning to appear due to the paint thinners that was added to the paint going onto the shed. when it warms in the sun the paint and thinners seperate leaving the thinners to soak through the paint on our cars. i would like to know who is responsible for the cost of fixing the damage to our cars. surely we would not have to be out of pocket because of his actions

[lady_p_gold]

Well I would say that he is liable I would speak to your insurance company about it. I did at first think of some sort of joint claim through your company but I suspect you would all have to follow each claim individually. What I would do is get photographs of the damage, dates and times and also an estimate for putting things right. I suppose the only difference is, that it is not a vehicle that has done the damage, but assume the farmer must have some sort of insurance to cover these sort of incidents.

[IggyB]

could you possibly use the Rylands rule - that covers the escape of hazardous substances from an owners land... this case would indicate that the farmer himself would be liable for the damage caused by the potentionally hazardous materials he allowed to escape. However the contract that he entered into with the company that actually did the respray might have put all liability on them... either way you shouldn't be left out of pocket for the damage caused. Contact your insurer and tell them what has happened they will probably take it from there

[JRB]

He should have at least given you fair warning so that you have moved your cars temporarily.

[cliomadness6]

thanks everyone, you have all benn very helpful

[Gmcd01]

Just read this thread...I would expect that the Rylands principle wouldn't have application in a situation where the object was neither stored on the land (If this is a one off spray) or, if the shed was sprayed by a 3rd party, brought onto the land by the 3rd party.
It is likely though, that you do have a claim in tort, a civil action, for the damage caused. As noted previously by Ms. Gold, you should get all the relevant information. (Making sure that your car was parked legally). Then you should speak to a solicitor; I would think it likely you have a claim. Hope this helps