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Flying debris, can machine user be held liable


poppysdad

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Earlier this morning I was sitting peacefully watching a movie on my iPad on my terrace at the front of our house. Across the road a man was using an electric lawnmower to cut down what is more like scrub rather than a lawn and judging by the sounds the blades were hitting a lot of stones against the inside casing on the machine. Then there was an almighty bang as something hit the glass door immediately behind my head, there was a definite mark on the glass but no damage and studying the stone it was about the size of a cherry, irregular shaped with some sharp edges and a definite point in one part of it. Looking at the impact on the glass it was at my head height and had it hit me it would most certainly have caused an injury, perhaps a severe one and had missed me by only an inch or so. 
So, had it caused damage or injury to me would the user be liable for repairs or my medical costs etc or is simply a case of tough luck?

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13 minutes ago, poppysdad said:

Earlier this morning I was sitting peacefully watching a movie on my iPad on my terrace at the front of our house. Across the road a man was using an electric lawnmower to cut down what is more like scrub rather than a lawn and judging by the sounds the blades were hitting a lot of stones against the inside casing on the machine. Then there was an almighty bang as something hit the glass door immediately behind my head, there was a definite mark on the glass but no damage and studying the stone it was about the size of a cherry, irregular shaped with some sharp edges and a definite point in one part of it. Looking at the impact on the glass it was at my head height and had it hit me it would most certainly have caused an injury, perhaps a severe one and had missed me by only an inch or so. 
So, had it caused damage or injury to me would the user be liable for repairs or my medical costs etc or is simply a case of tough luck?

I would assume the machine operator would be responsible for any damages but you would need to contact a lawyer to be sure. This is only me opinion and should not be taken as anything for legal purposes.

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