Contracting & Punctures

Clive

Staff Member
Arable Farmer
Location
Lichfield
Tricky one but if it's down to foreign object on their land that was in a area you have been asked to work over then I would say yes they (or their insurance ?) should pay
 
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Grassman

Member
Location
Derbyshire
Basically you are getting paid to do a job. If a foreign object that wouldn't and shouldn't normally be there causes damage to your machine then it's not you fault.
However it gets messy with say ploughing and you hit a large tree root or rock and bend the plough. Or mowing and hit a raised manhole that was hidden in grass. So difficult to apportion blame in some cases.
 

JMTHORNLEY

Member
Location
Glossop
Basically you are getting paid to do a job. If a foreign object that wouldn't and shouldn't normally be there causes damage to your machine then it's not you fault.
However it gets messy with say ploughing and you hit a large tree root or rock and bend the plough. Or mowing and hit a raised manhole that was hidden in grass. So difficult to apportion blame in some cases.

I'd never dream of allowing a contractor into a block of land I knew there were manholes that were not marked out. We have loads of traffic cones in the corner of a barn because of this, we mow our own stuff now and I still go and mark them out for myself. Good of you to think like that @Grassman but if you hit one on my ground I'd except full responsibility and insurance would cover
 

bez

Member
I'd never dream of allowing a contractor into a block of land I knew there were manholes that were not marked out. We have loads of traffic cones in the corner of a barn because of this, we mow our own stuff now and I still go and mark them out for myself. Good of you to think like that @Grassman but if you hit one on my ground I'd except full responsibility and insurance would cover
I think you might be in the minority on this, but good to know there are still decent people out there.
 

raiderz

Member
Location
County Durham
Not exactly a puncture but who pays for this? Whilst hedge cutting this BT access cover gave way, steel frame on the cover rotten as hell, I've driven over the same cover each year for 25 years or so with no problem. Council don't want anything to do with it (as really its not their problem), BT want me to pay for it as I was negligent. I would say BT were as much negligent by not maintaining their plant. It's marked as GPO so it will be at least 48 years old.
 

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Not exactly a puncture but who pays for this? Whilst hedge cutting this BT access cover gave way, steel frame on the cover rotten as hell, I've driven over the same cover each year for 25 years or so with no problem. Council don't want anything to do with it (as really its not their problem), BT want me to pay for it as I was negligent. I would say BT were as much negligent by not maintaining their plant. It's marked as GPO so it will be at least 48 years old.
Your public liability insurance. Hope it’s all coned off etc, you don’t want some smartarse putting in for a personal injury claim.
 

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