Responsibility of storage site owner

fatbelly replied on 28/05/2018 20:29

Posted on 28/05/2018 20:29

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?

Tinwheeler replied on 28/05/2018 20:36

Posted on 28/05/2018 20:36

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.

Bakers2 replied on 28/05/2018 20:37

Posted on 28/05/2018 20:37

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.

replied on 28/05/2018 20:57

Posted on 28/05/2018 20:57

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?
 

Maybe not entirely but neither does he have liability for the actions of others not in his employ.

 

Rocky 2 buckets replied on 29/05/2018 07:44

Posted on 29/05/2018 07:44

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👍🏻

Oneputt replied on 29/05/2018 08:49

Posted on 29/05/2018 08:49

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.

SteveL replied on 29/05/2018 10:22

Posted on 29/05/2018 10:22

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.

DSB replied on 30/05/2018 12:45

Posted on 28/05/2018 20:36 by Tinwheeler

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.

Posted on 30/05/2018 12:45

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

replied on 30/05/2018 13:40

Posted on 29/05/2018 10:22 by SteveL

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.

Posted on 30/05/2018 13:40

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..

SteveL replied on 31/05/2018 08:39

Posted on 30/05/2018 13:40 by

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..

Posted on 31/05/2018 08:39

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.🤔

replied on 31/05/2018 08:48

Posted on 31/05/2018 08:39 by SteveL

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.🤔

Posted on 31/05/2018 08:48

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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