Responsibility of storage site owner
Hi All,
Our MH is on a storage site. The site owner has put up a sign and sent out letters saying any damage or loss caused to customers Caravans & Motorhomes is entirely at owners risk & he cannot be held responsible for any loss or damage when our Vans are on his property.
Given we pay for storage will his statement hold up if we suffer any loss? Is his responsibility solely limited to providing a storage pitch?
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I have a sense of déjà vu about this.
Didn't we decide last time that the storage owner has to take 'reasonable' care and as long as he does that - locked gates, lights, secure boundaries etc - then he cannot be held liable if miscreants bulldoze down the fence and nick a few vans?
It's one reason why we insure our vans.
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As far as I know we have always had this condition on our storage site. Not sure about the legal part, hope never to test it. A bit like a car park you may pay but they won't take any liability. Interestingly a nearby van sustained damage, lots of cctv on site, site staff spoke to neighbouring van owner who denied doing any damage until told it was on cctv, so there was some redress via the storage site.
We move to different storage on Friday and it is a condition of storage to have insurance I seem to recall.
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FB, the site owners can put up/send out as many disclaimers as they like but if you can prove they or their negligence caused you to suffer damage then they are liable. As with Supermarkets & their disclaimers, it means nothing. It’s all down to negligence👍🏻
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By law I would have thought they have to carry 3 party liability, and although I not a lawyer at the very least they would be responsible for and damage to the van by themselves or their employees. If the site wasn’t secured properly and my van was stolen my first port of call would be my insurance company then let them fight the owner. As far as I’m concerned signs like those put up by storeage sites etc do not excuse the owners from a duty of care.
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We move to different storage on Friday and it is a condition of storage to have insurance I seem to recall.
I think the condition of having to have insurance is more to protect them. If a van should burst into flames and cause damage to their property, for instance.
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This is the way I understand it Tinny.
In the past we have had a caravan stolen from storeage. The was no suggestion from the Insurance company to shift blame to the owners of the storeage facility, but the caravan insurance company did insist that we moved our new caravan to a Gold Cassoa storeage facility.
David
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I am not sure that is entirely the reason. If my caravan (or car) was to burst into flames and damage neighbouring vehicles or caravans etc. then neither I nor my insurance company would be liable as far as I am aware. That is unless the fire was caused my my negligence or by me deliberately in which case I might be liable if it could be proven..
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I had always thought the storage owner and others affected would have a claim. If what you say is the case in that recent caravan site fire, presumably the owners of the other vans and the site owner have to claim against their insurance and loose no claims discounts? Seems a little unfair, but then the terms fair and insurance policies don't really go together.🤔
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A friend lost a car, as did quite a number of others, due to a fire at a carpark used whilst flying abroad from Liverpool airport. All that I can remember about the legal precedent that applies is that it was a case where tyres stacked behind a tyre fitters were ignited following an electrical fault in the associated building. The building next door was destroyed and the owner took the matter to court.
I will try and find the precedent.
Alan
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The original case that I recollected was Rylands v Fletcher and a quick google will find details. The original judge found the owner of the tyre shop liable but at appeal further consideration reversed that decision.
https://ukhumanrightsblog.com/2012/10/06/why-is-the-law-of-fire-like-a-student-fridge/
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If what you say is the case in that recent caravan site fire, presumably the owners of the other vans and the site owner have to claim against their insurance and loose no claims discounts? Seems a little unfair, but then the terms fair and insurance policies don't really go together.🤔
The moral of the story is simple. If you want to protect the value of your property then insure it
but then the terms fair and insurance policies don't really go together.
It is not really about the 'terms of insurance' as such. More about the legalities of liability. If the insured is not legally liable for third party damage then no insurer is going to pay out no matter how generous the T&Cs might be in regard to extent of cover.
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Accepted, but don’t trust them 100% to act in your(the insured) favour. I had to lodge a formal complaint with Swinton insurance against the loss adjuster for reducing my repairs to save the guilty party’s insurance company money. They are happy bedfellows when it comes to saving themselves costs. PS-I am happy to name my then insurers because my post is honest & not libellous so it can’t be denied.
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Interesting conversation which I've just read. From a legal respective signs saying we take no responsibility etc mean nothing. If your store your caravan or MH at a third party's farm and is damaged by a tile falling off the roof then if the tile was not in good condition and not secured properly then there is a claim. If it fell due to abnormal high winds then the act of god rule steps in and no claim.
All storage proprietors not only should hold public liability insurance with a minimum claim limit of £5 million for each incident but also "Bailment Cover" to cover them for caravans & MH for which they are responsible for and under their custody and control.
Same applies to pub & supermarket car parks.
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The site owner cannot exclude liability for his own negligence as it breaches The Unfair Contract Terms Act. Basically he is liable for any loss or damage as a result of his own negligence but not the actions of a third party where he could not reasonably have prevented this.
Having said that if you are unhappy with his position then I would look for another storage area, although I do appreciate that this may be difficult in some areas..
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Our caravan is on a gold storage site, the site does not provide or display any terms or condition, we have not viewed or signed any term or condition.
Recent they started displaying a sign on the shop window caravan stored at owners risk ?,
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Following an experience last summer, IMHO storage site owners are keen to take money, less keen to take responsibility if anything happens.
Last summer my caravan was stored on a farm site, reassurances that the site was regularly checked, however it wasn't & I attended one day to pay my fees & I went to check on the caravan - Its wasn't there, back to the office to be told I must have moved it??!!??
Anyway, reported to the police, insurance told me to do one as I had moved the caravan from the barn on site to the open area and not had chance to tell them...……...
Fortunately the Gardaí recovered it in September & tracked me down through CRIS, & eventually I got the caravan back in December. Even better it was in good condition except the thieves had stripped nearly everything out, leaving only the awnings, Crockery, cutlery, books, you name it gone.
One wardrobe shelf damaged(?) and some mild bodywork damage to nearside rear corner, not effecting the bodywork integrity.
Since using the site I've become aware of several other thefts from the storage site so consequently my van is now stored elsewhere, behind an electronically controlled gate with CCTV & my insurance company know where I have it stored.
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