Don't love thy neighbour too much
4 January 2005
GOOD Samaritan neighbours who offer their assistance over the garden fence are being warned to think twice before playing the hero.
A recent Court of Appeal case left one helpful local householder literally counting the cost of his kindness after the neighbour he helped build a conservatory for – sued him when a rafter fell and struck him.
On the day of the accident the claimant and defendant were working together to fit rafters to the roof of the conservatory.
The claimant went to make a cup of coffee but when he entered the conservatory a few minutes later he was struck in the eye by one end of a falling rafter and sustained a serious injury.
The householder sued his neighbour whose defence was that he had just secured the rafter with a screw tightened by hand while he went to get a screwdriver.
Altaf Patel, partner at leading Lancashire law firm MWR, said: “The helpful neighbour thought the screw was sufficient as a temporary measure.
“He was not a professional contractor so didn’t know any better but the court ruled he was negligent and held him responsible for the accident.
“Most people would probably never think this situation could arise but there is usually someone who can be held accountable for an accident.
“It is a sad fact that people may have to think twice before involving themselves in projects such as this.”
