Agricultural contractor damaged machinery

Tommygirl2

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My father hired an agricultural contractor to cut a meadow. An old gate was on the ground - it could not be seen as it was covered by grass. The gate had been laid against a gap in the hedge at some stage in the past and must have fallen and the grass grew over it. It could have been there for years. The mower cut through the gate damaging a part of his machine (quote for 1500 euro).
Who should pay for damage - is it the contractors insurance or my father's? Would my father's farm insurance cover it as he should have looked for the gate when he noticed it was not where he left it? Thanks
 
Your father should have ensured that there was no hazards in the field. In my view, he failed in this duty of care and is liable. Now there is also the question of was there a metal detector on the mower and was it operative? Many contractors disconnect the metal detectors as they slow down the mowing. If this is the case, then the contractor also has a liability and might only recover 50% from your father.

The question of your father's insurers is another matter. He has a duty to ensure that he takes reasonable precautions to prevent loss. Surely the field was checked since the gate was placed against the gap? If it fell, then the gap should have been obvious. Insurers might not cover him.
 
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