"Last week we used gardeners for the very first time. While weeding they pierced a gas pipe. It was a very scary time, with neighbours being told to keep indoors and no naked flames, etc, while the emergency energy services were called. Luckily no one was hurt, but we had to pay £650 for new pipe to be laid. The gardeners, despite saying that they are fully insured on their website, are refusing liability. We are pensioners and this has upset us greatly. Help!"
Russell-Cooke partner Elliot Elsey answers a reader's question in the Home Help section of the Sunday Times and assures them that if an effective insurance plan is in place, then it will be the insurer that will meet any claim; if not, it will be the responsibility of the gardener. However, either way, they need to provide evidence that the gardener is liable.
Our gardeners damaged our gas pipe — are they liable? is available to read on the Sunday Times website via subscription.
Elliot is a partner in the commercial litigation team. He advises on a broad range of disputes involving individuals, charities, and businesses across a large number of sectors, including digital marketing, retail, property development and other legal professionals.