#18917
Jimmy-T
Keymaster

    @just get on with it said:

    The incident in question is clearly accidental and was not in any way malicious so why would the OC not believe they should be responsible for the repair? Is there a difference between a branch accidentally blowing into a window and someone accidentally running into the window?

    I’m not disagreeing with anything you said but what if, say, the glass door was broken as a result of some contributory act by the resident?  Maybe  you were demonstrating how to tackle in rugby, or you had too much to drink and stumbled.  Or (as happened to me once), you’d had too many reds and you heard someone scream in the street and ran out, forgetting there was a door in the way.*

    In the first two instances, you have definitely contributed to the accident.  The third is a tricky call.

    By the way, I was watching the second series of Veep tonight and the fictional Vice President walked through a glass door.  How do we know it was fictional?  Nobody got sued.

    * I took the entire door with me on to the balcony but the glass stayed intact. I don’t know whether or not I was hurt as I was feeling no pain. 

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.