who is responsible

[lisasusan]

i am being sued by my postman for tripping over a piece of tape over my neighbour and my gate post that neither of us put there and we were both unaware of until today this alleged incident happend 8 months ago and this is the first we have heard about it we live on a busy main road it was rubbish day so all bins were out and we are housing association tenants is this our fault and are we responsible?

[buildersmate]

If you have Buildings insurance go looking for the Indemnity to Third-parties clause in the policy. Should allow you to refer the enquiry straight to the insurer for it to deal with.

[Gmcd01]

Raise a defence of act of unknown third person (Perry v Kendricks Transport) and that should absolve you of liability, providing he can't prove you knew of the danger and took no steps to remedy it.

[lady_p_gold]

Sounds like a try on to me. I had a nanny once who tried some stunt like this, she claimed she had 'tripped' over my bin outside and then started claiming she could not work, had to have physio etc. etc. I did what buildersmate suggested and handed it all to my home insurance. I think she disappeared without trace, probably on to the next victim. Years later I found out that my daughter had swallowed a marble and this woman never told me and swore my daughter to secrecy, I only found out about ten years later. I should have sued her for 'stress' !!!!!