Legally, how does my son stand when a car runs over one of his tools?

Question

My son parked his company van , took his tool box from the side door and whilst doing so a wrench fell out and was accidently left laying in the road. A lad came along, drove over it, it flicked up causing damage to hjs door. My son is saying he is not liable as the van wasn.t moving, and the guy could have quite easily steered around this wrench. The guy is saying it was a narrow street and didn,t see it in laying there. Who is liable for the damage, my son, the company he is working for, or the driver

Answer 1

Interesting one!  I would think probably nobody ... it was just an accident  (it could easily have been a stone which flew up and caused the damage).

Answer 2

That's negligence cause by your son, even if it's not intentional.

Answer 3

I think it's a shared responsibility; sometimes both drivers compromise.

Did this happen during daylight?

If it went to court I think it would be 70% - 30% in favor of your son; the other driver caused the accident and should have been more careful - he should have slowed down or stopped. your son should not have left a tool in the road where it caused a potential hazard.

It was an accident but I'm sure the driver saw the wrench and just couldn't be bothered to slow down.

Answer 4

I would have said equal blame.  It was just an accident with no particular party being particularly negligent

Answer 5

What? He's got two????

Answer 6

Your son,he left the tool on the public highway,allbeit by accident.....................

Answer 7

I think your son is  likely to be liable as it was his property lying on the road that caused damage.It may be however that if this occurred whilst he was on his employer's business that in fact the liability is his employer's.

Answer 8

The driver has a duty of care for himself and his vehicle.What if it had been a child,not a wrench?or a cat or dog?What if it had just been a lump of scrap iron in the road,not your sons wrench?The car driver has paid a small price for his own inattention.Gavmel25 has a point also,what if it had been a stone ?

Answer 9

I would suggest that no one is responsible as this sounds like an accident to me.

Its not classed as a road traffic collision as such and wouldn't be criminal damage as there was no reckless intent to cause damage from your son by what you've described.

I would suggest speaking to your insurance company to ask them who would be liable.

Answer 10

I would say your son. It may have been an accident, but his tool was in a public street. If it was a private street or if he wasn't liable for the tool then it would be the other guy.

Answer 11

Sounds like 50/50 to me, but if the road was as narrow

as this person says surely he should have been driving

much slower therefore i doubt whether the wrench would

have caused any damage had this been the case.

In any case, employees are insured by the firms they

work for so i dont envisage any problems for your son.

Answer 12

Your son.

Answer 13

Sorry, but I have to respectfully disagree that it is as straightforward as other contributors think, if I remember my law of tort studies correctly. It is not my speciality, but I recall that there has to be a duty of care owed, there has to be negligence, and the harm has to be foreseeable. I can see that it is possible for both parties to argue this in their favour - your son was negligent in dropping the tool and it was foreseeable that it might cause damage to other road users; even if your son was negligent, he did not owe a duty of care to the driver and, even if he did, the harm was not foreseeable and/or the driver was contributory negligent. As I said, it is not clear cut. It may be argued that your son's employer is liable if it is a rule that he does not leave his tools in the van overnight and the wrench dropped whilst he was emptying the van as part of/in the course of his employment.

I would suggest that your son lets his employer know for now and refers the driver to them if he wants to pursue a claim. If the employer declines liability, that can be resolved later if the driver pursues a claim. It will cover your son's back for later if things develop from this. Then, unless he hears anything further from the driver, I would suggest he leaves it for now. If he does hear anything further, I would urge him to get professional legal advice (his car or house insurance may cover legal costs if his employer will not).

I hope that helps. Good luck

Answer 14

Well since your son was at work, and if on company time, I would say the company that he is working for, thats why they have insurance.

Answer 15

i cant see that the company would be liable because it wasnt their doing, your son maybe , why doesnt he offer to pay the excess if he feels responsible so it can be fixed on insurance claim. or ring citizens advice

Answer 16

I would say it is an unfortunate accident.  What would happen if a passing car went over a stone and the stone flicked up and crack the windscreen.  Who would be at fault there.??