bike smashed in works bike shed?

cpower36

i've just had my oldish spesh hybrid smashed to bits with the wheels stolen etc despite having 3 locks on it (one of them a mega big chain).i leave it in the work bike shed overnight sometimes if i decide to jog home. my employer says it my fault ( despite 24 hr security guards), and they are not insured for things that happen overnight. there are no notices anywhere advising us of this. I think i've taken more than reasonable precautions and deserve some recompense for my loss. does anyone have any thoughts or advice? thanks

fossyant

Sorry you won't have any - all bikes cars etc parked anywhere will be at owners risk.

If you have to leave it, I'd take it inside.

Household contents insurance ?

scottgeniusltd2005

ring the police. it's criminal damage.

STEFANOS4784

Hmmmm, was the shed locked? 24 hr security guards? Do you mean fat blokes who sit in a small shed watching porn on portable dvd players? Sorry mate but i reckon ur right buggered
Sorry for your loss, on the other hand it might now be the time to upgrade to a carbon beauty......every cloud.......

STEFANOS4784

Blimey quick fire replies :shock:

I'm off back to the road section, this is scary :arrow:

Chicane-UK

Yeah - you've got no chance. You leave it behind at your own risk! I'd never leave my bike behind outside at work and if I did (and it got smashed up) I'd be blaming myself, not my employer.

cpower36

yep thanks everyone -i suppose i'll just have to let it go. it s a bit of a bugger though to have your bike smashed up and told by the people meant to be guarding the building that somehow 'its your fault'..

alfablue

Just for a different perspective - if there is a bike shed provided by your employer, then it is an invitation to leave it there. You might reasonably expect it to be safe, not least because there are security guards. Your employer may be negligent and liable for the damage. Whilst many organisations may place signs disclaiming any responsibility ("...at owners own risk"), these have no legal basis and do not permit people or organisations to avoid their liabilities.

For example, suppose I had a sign on my garden gate stating that people enter at their own risk, but a chimney stack in poor condition falls on a visitor as they approach the front door - I would be liable as I failed in my duty of care, despite any disclaimer.

On the other hand, how much do you want to fall out with your employer? (I would, big time!).

shouldbeinbed

alfablue wrote:

Just for a different perspective - if there is a bike shed provided by your employer, then it is an invitation to leave it there. You might reasonably expect it to be safe, not least because there are security guards. Your employer may be negligent and liable for the damage. Whilst many organisations may place signs disclaiming any responsibility ("...at owners own risk"), these have no legal basis and do not permit people or organisations to avoid their liabilities.

For example, suppose I had a sign on my garden gate stating that people enter at their own risk, but a chimney stack in poor condition falls on a visitor as they approach the front door - I would be liable as I failed in my duty of care, despite any disclaimer.

On the other hand, how much do you want to fall out with your employer? (I would, big time!).

this was my take on it too - a chat to the Citizens Advice Bureau wouldn't be a bad idea tho, neither would a quiet chat to a sympathetic boss mentioning reporting it to the police. You've no choice in this matter and are doing it simply to get a crime number for your own insurance purposes. If they've got half a brain they might take the hint that the company would be getting a visit from the cops and questions might be asked about the joke security guards and that a replacement goodwill gesture might be a less embarassing and expensive option. I'm sure their company insurance premium would jump a bit on the back of such a crime report, not to mention the questions that the insurers would ask of the 24hour security missing such a blatant act of damage and theft.
For whatever motivation, it might be an idea to mention this security lapse to someone high up too - if people can get on site to screw your bike, what else can they get on for and do to the company - unless it's an inside job done by the security themselves, in which case they deserve the boot.

alternately in these worrying times, having a job isn't such a bad thing and rocking the boat ain't a good idea, I guess this one depends on your value to the company and the common sense/human side in the bosses.

AndyManc

If your employer has supplied facilities they must be fit for purpose.

It's a legal minefield this, if you are not in a trade union then I wouldn't take them on.

You could go to the citizens advice bureau and seek advice though.


.

Mr Sworld

Where my 'secure' area for parking used to be, has now disappeared. I now have a choice of 4 'lock-up' cycle racks.

While the four 'lock-ups' are secure I have no guarantee that they are going to be available to me each day.

This is due to a certain governmental conference...........

always_tyred

Its about what a reasonable person would expect under the circumstances. So you might have a case of sorts.

I think that an "at your own risk disclaimer" would be binding if your conduct implied that you accepted the terms.

But, to be honest you can kick up a stink and they'll put up a disclaimer sign, do nothing for you and you'll be unpopular with your employer. Can't see an up side to be honest.

rolf_f

Of course, from the employers point of view, they have gone to the trouble to provide bike sheds presumably in response to past request from employees. Does that mean that they want to take on liability for damage/theft too?

I rather think not. If I had bike sheds and employees tried to get me to pay for their bikes when they got nicked/damaged after having been left overnight, I think my first reaction would be to remove the bike sheds! (Actually, it wouldn't for me but I think it would for many and I wouldn't blame them).

Sailorchick

I guess it also depends on the terms of your using the bike shed. At my work I pay £10 a year for use of the secure bike sheds. As long as my bike is locked inside the shed, if it gets stolen work insures if up to a max of £500 (plenty for my bike). Were you given and T&C's when you started using the shed?

spen666

cpower36 wrote:

i've just had my oldish spesh hybrid smashed to bits with the wheels stolen etc despite having 3 locks on it (one of them a mega big chain).i leave it in the work bike shed overnight sometimes if i decide to jog home. my employer says it my fault ( despite 24 hr security guards), and they are not insured for things that happen overnight. there are no notices anywhere advising us of this. I think i've taken more than reasonable precautions and deserve some recompense for my loss. does anyone have any thoughts or advice? thanks

Not sure if fault is the right term here. There may be no fault on part of your employer or you.

Why is it the employer's fault? What did the employer do or not do that they reasonably should/ shouldn't have done?

I'm not sure that the fault is yours. Again ask What did you do or not do that you reasonably should/ shouldn't have done?


The issue is who bears the cost of the damage.

It is your bike and unless you are able to show someone else is to blame ( in the absence of the vandal/thief), then you are left with the loss.

That may sound unfair, but, that is life. If you think someone should compensate you, then you need to be able to show why.

If your employer is liable simply because they provide a place for you to strore your bike, then employers, shops, councils etc will immediately stop providing such facilities. There needs to be more than damage occurring whilst stored in their facility

spen666

alfablue wrote:

Just for a different perspective - if there is a bike shed provided by your employer, then it is an invitation to leave it there. You might reasonably expect it to be safe, not least because there are security guards. Your employer may be negligent and liable for the damage. Whilst many organisations may place signs disclaiming any responsibility ("...at owners own risk"), these have no legal basis and do not permit people or organisations to avoid their liabilities.

For example, suppose I had a sign on my garden gate stating that people enter at their own risk, but a chimney stack in poor condition falls on a visitor as they approach the front door - I would be liable as I failed in my duty of care, despite any disclaimer.

On the other hand, how much do you want to fall out with your employer? (I would, big time!).

Alfablue, the examples you give are not fait comparisons- the Occupiers Liability Act provides the occuopier must ensure premises are safe ie not going to cause injury to visitors (including trespassers), it does not cover leaving somewhere for you to lock up your bike and making the occupier liable for damage to your bike. BTW those notices do have legal basis!