Are they liable?

[emmalee]

In high winds in December, a canopy from the top of a lampost blew into our lounge window and smashed it. I paid for the window to be repaired and submitted my claim for compensation to the county council Today I received a letter rejecting my claim, saying that it would be unlikely they would be found liable for an act of nature and that there had been no reports of the canopy being loose. I am shocked! I was so sure there would be no problem. I want to take it further, what do you think my chances are?

[Ethel]

This is worth pursuing.

Ask them for the schedule of maintenance relating to that particular lamp post. You need to know when it was last inspected / repaired / maintained.
The question will then be - was this reasonable and has the Council fulfilled its duty of care?

If it hasn't been inspected or maintained for a lengthy period you could claim that the canopy came adrift in high winds due to the Council's negligence.

It is not good enough for the Council to claim there has been no reports of the canopy being loose. This is not like potholes which are easily seen by the public and the Council should not be relying on reports of poor maintenance for something that is so potentially dangerous and very difficult for the man in the street to spot.

Look at your own home insurance. Are you covered for this? If so, it may be worth claiming through them and letting the insurance company recover the monies from the Council.
Even better if you have legal expenses insurance - contact them for advice.

However, it will be inexpensive to pursue this through the small claims court - you can do it online.

Keep copies of all correspondence, and a written diary of any phone calls, letters sent and received, action taken and so on.

[lady_p_gold]

My advice would be to find out the name of your local Councillor and contact them. You will probably find that your claim is met before you can say daylight savings.

[Whickerman]

It's standard practice for councils to deny responsibility - most people just give up at receipt of the letter.