Storm blew crate through car window

[CrazeUK]

Hi All.
My partner lives above some new shops.  I believe the land is council owned, as the flats are newly built and are council owned.
The shop has a small yard at the back with a fence adjoining the car park.  There are 7 parking spots directly behind this fence.

 

On Friday, the wind caught up a bit, and blew a brown bread crate that was resting high on a metal trolley and on the fence, through the air up and over fence, and strait through the car window.  Luckily, i have a small camera facing the area, so the damage was caught on camera.

Aside from the smashed window, which she will have to pay £100 excess, her pram and baby seat where in the car which are now both covered in glass and shards, along with the rest of the car.

She spoke to the shop owner, who was excessively dismissive, didn't even want to watch the footage of the video - I think he has something against women generally.  When I called him, he refused to provide his insurance details or even accept responsibility of the damage.  I have previously told him about things being blown over from the fence (usually boxes, and plastic wrappers from stock), which i tend to just throw back over the fence as it litters the area.

 

She has spoken to the insurance company, they will replace the rear windscreen, with an excess payment, but wont consider the pram or baby seat as it wasnt accident related.  She does have legal cover on her insurance.

 

What can she do about this? 

[CrazeUK]

Hey.
Thanks for your quick response.

 

He seems to use plastic crates to hold down waste from the shop (as seen in the pics).

The pram, is the easy thing to replace, however the advice on car seats is always never buy used as you never know if there is accident damage on it.

 

What sort of things would i need to consider to prove he was negligent?

 

My approach opinion would be very different if the fence had blown out, but with this, it is ridiculous that he hasn't held things that will catch air, even when previously warned.  The added crazy thing is, my partner had parked her car there literally 10 mins before, and taken both the kids out of the back who could have been sprayed with the glass.
 

Doc2.docx

[CrazeUK]

3 hours ago, Bazooka Boo said:

Have you contacted your LA regarding this store? And reported your concerns to them?

She is about to call them, will update here with what they say.

[CrazeUK]

49 minutes ago, BankFodder said:

I'm going to come in with a different view here.

An occupier of land is, on the face of it, liable for any damage which is caused by anything that they bring onto their land for their own purposes and which they they keep on their land and which escapes from that land and causes harm.
This liability is strict and that means that such tests as foreseeability or negligence/carelessness are not necessary.

....

 

Thanks, i understand your point, and hope this is how it works out.
Basically, the £300 car seat, and the Pram seat (another £1500) are now unusable because we cant get the fine shards /dust of glass out.

We contacted the legal cover, they said they can try to pursue if I can get the insurance details.  If not, i will definitely take the court action route and see what progresses.

Thank you