"Twice in the last nine months, our neighbour’s gazebo has been blown by high winds into our back garden. Anyone in our garden could have been maimed or killed. Our neighbour collected the gazebo from our garden both times, says he is sorry and will pay for any damage. He said the base of the gazebo was held down by housebricks, but intends to secure it properly. We wish to avoid legal action, our neighbour is wealthy and can be difficult. If this gazebo goes back up, we will need to wear full body armour to enter our garden and won’t let our grandson play in it. I am so worried. What can I do?"
A neighbour is not typically liable for damage caused by the weather, but there are exceptions to this. Russell-Cooke health and safety partner Kizzy Augustin answers a reader's question in the Home Help section of The Sunday Times.
Neighbour's gazebo keeps blowing into my garden is available to read on The Times website via subscription.
Kizzy is a partner in the fraud and criminal litigation team, specialising in health and safety. She has a particular interest in the law relating to directors' health and safety duties and health and safety issues within the construction, care homes, environmental, manufacturing, fire, rail and retail industries. She has represented those alleged to have breached health and safety legislation in interviews under caution and in court, if proceedings are ultimately brought against them.