Exploding Window

[LostBoy]

Hi all,

During the recent heat wave a 4th floor balcony window in a vacant council owned building exploded (possbily due to heat expansion and incorrect fitting). The resultant shattered glass rained down onto my car which was parked next to the building causing the following damage; multiple chips on all windows, scratches \ chips on the bodywork in many places down to the metal and a few minor dents.

The area around the whole building has been cordoned off since the event, initially by some tape and cones (which everyone ignored as parking is scarce at work) but now via a temporary metal fence. The building is relatively new (3-4 years since being built \ refurbished) so looks like a design \ installation fault by way of the window fitters \ builders.

The council and their insurers regret the damage caused by the incident but say they are not liable unless I prove them to be negligent.

I have apporached a few online solicitors with regards to my predicament but didnt even get a response.

Will there be any value in going down the small claims court route (guess there is no point if I still need to prove negligence)?

Any help \ advice will be greatly appreciated.

[des8]

Hi and welcome

Negligence needs to be proven for most liability claims.
If a tile comes off your house in a storm and damages third party property, the third party would need to show you were negligent in not maintaining your roof to withstand normal weather conditions.
If it came off in calm weather it could reasonably be claimed the roof must have been neglected, and it would be for you to show it was caused by something outside your control and that you were not negligent

I would be inclined to think that a window should not shatter.
If it does it must be either faulty or poorly installed.
A priori the owner is negligent.
It is for the owner to show the event was beyond his control eg storm.

What is the value of the damage?
It might be worth considering a claim, as the cost to defending it in court might be more than the insurers will save by winning.

To clarify the position of the council it might be worth having a short consultation with a solicitor (fixed cost or even free initial 15 minutes)