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LIABILITY

19th January 1989
Page 56
Page 56, 19th January 1989 — LIABILITY
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Which of the following most accurately describes the problem?

QI am an owneroperator. Yesterday my truck was damaged while it was parked at a motorway service area. Unfortunately I couldn't find any witness as to the cause of the damage. The vehicle is fully insured, but I don't want to lose my no-claims bonus if at all possible. There is about £750 damage to my truck, and though it is driveable, it will need at least three days off the road to straighten out the damage.

Do I have any claim against the Motorway Service Area? They posted notices in the vehicle park denying any liability, but can they really not be held responsible for failing to prevent damage on their premises to customers' property?: DT, Sutton Coldfield AUnless you could prove that it was the management of the Services Area's direct negligence that was the cause, you would not have a claim.

If they marshall commercial vehicles into an area that is constricted or a hazard to others while manoeuvring is taking place then you may possibly have a claim against them for professional negligence. It would, however, be difficult to prove.