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Recovering damages to an uninsured property due to negligence

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  • Recovering damages to an uninsured property due to negligence

    Hi,

    My local council in Scotland didn't drain pipes in an empty flat above me. This has caused their pipes to freeze, burst and flood my privately owned flat. This has caused tens of thousands of pounds damage and I was not insured at the time. The council replied that there is nothing they could have done to prevent this. In reality, they could have drained the pipes or left central heating on anti-frost settings which is a standard practice to prepare for cold weather.

    From the legal standpoint, did they have a duty to prevent this from happening and have they breached this duty by not taking preventive measures?

    Many thanks
    Tags: None

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