Delivery Vehicle Damages Property, Company Deny Liability

[Hawkeye]

Here's the background:
Delivery wagon parks at kerb. Driver asks where we want the fence panels. My wife points at the front lawn. The delivery chap proceeds to unload a forklift and, without asking, uses it to drive up our drive and, in doing so, breaks a manhole cover on our property. Admits to me at the scene that it was him. Gave his first name only and the company name.

So I contacted the company asking them to make it good, and asking whether they need anything from me to support their insurance claim.

They have replied denying liability, citing "the incident is covered under the occupiers liability act", their reasoning being that we have implicitly invited them to bring a vehicle on site.

Are they right about the Act?
Are they right that they are not liable for the damage?

[des8]

Are they serious?
Have you read the Act?
The introduction is clear it concerns injury suffered by persons other than visitors:
" An Act to amend the law of England and Wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors;...."
Occupiers Liability Act 1984 (legislation.gov.uk)

i) he was an invited visitor (ie not a trespasser!)
ii) he did not suffer injury

if he caused the damage by not taking reasonable precautions or exercising a normal and expected amount of care, then they are liable for the damage.

Besides any other basis their might be for claiming. the Consumer Rights Act 2015 requires any services (delivering fencing panels) be carried out with reasonable care and skill.

Don't know the condition of the drive or manhole cover or how it came to break, but that may give you some leverage.

What about your house insurance if it is not a bog standard galvanised cover?

[Hawkeye]

Thanks for the reply DES8.
To your point about insurance, my household insurance only covers us for accidental damage caused by inhabitants, and only covers damage by third parties when it is malicious, so essentially we aren't covered

How it came to break: The cover and part of its frame broke, and the supporting brickwork was damaged, when the centre wheel of the 3-wheel forklift drove directly over it

What condition in the first place? Well, not brand new, that's for sure. Cast iron cover at least 30 years old. Drive condition: solid concrete. In my view the cover was never designed to have that much weight put on it (the centre wheel on the forklift seemed to be directly below the engine)

We didn't invite him to bring the forklift onto the drive: Mrs Hawkeye was asked where he should put the panels and then had to race back inside to get the children ready for school.

So perhaps I'll get it fixed and try a letter before action under Consumer Rights Act '15

thanks once again for your thoughts