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Bollard

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robertbruce View Drop Down
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Joined: 01/February/2012
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  Quote robertbruce Quote  Post ReplyReply Direct Link To This Post Topic: Bollard
    Posted: 01/February/2012 at 18:32
I was leaving the local supermarket when a hidden bollard rammed the side of my vehicle.
I would like to seek damages but im not sure what state to start with. The company is incorporated in South Australia with registered business's in QLD. The incident occurred in QLD.
As requested by them I forwarded a letter of demand to the SA office for forwarding to their insurance company but have not heard anything back.

I would like to ask if I should disregard what they instructed me to do and take the case to Qcat or should I go through the SA courts.

many thanks for any suggestions



MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 01/February/2012 at 21:00
Sorry you do not have a case. Rather than the bollard hitting your car you actually cut the corner and collided with the bollard.

It was not hidden it actually is higher than the bottom of the window of most sedans. You need to keep a proper lookout when driving.

It has obviously be placed there to prevent people who cut corners when driving, from hitting and damaging the building.

Just think what the situation would be is it was a child who was standing there waiting to cross the road when a driver who failed to keep a proper lookout cuts the corner and runs the child over.

I think you should have your car repaired and pay the bill yourself. If you try and sue the company the chances are that you will get a counter claim for painting the bollard and perhaps remounting it, if you have cracked its foundations.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 01/February/2012 at 23:06
Although I agree with Martin I wonder whether any of that driveway complies with the local and state laws? It looks very dangerous for all concerned. You're probably not the first to have hit something there.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

boony View Drop Down
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  Quote boony Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 13:20
Which one is the bollard? The yellow one in the first pic, the grey one in the second pic, one of the black ones across the street or is there one hidden by that bush in the middle of the photos?

I really hope you didn't write that the bollard rammed your car in the letter you wrote.



Edited by boony - 02/February/2012 at 13:25

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 13:45
You can't see it boony because it's a magical mobile bollard.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 13:46
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

robertbruce View Drop Down
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  Quote robertbruce Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 14:50
The hidden bollard is in the bush to the right of the second pic.. here is another view...



Many thanks to Booney for taking the time.
Honestly AsiaOilDude, why bother commenting if you're just going to take the mickey?


AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 16:20
Because I'm an Australian at heart. That is a nasty, nasty bollard - thanks for pointing it out. (I thought it was the yellow one). However somewhere in the traffic rules I learnt many years ago in WA I recall some rule about staying a certain distance away from kerbs/curbs.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

khon View Drop Down
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  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 16:30
Cheeky, Asaioli
Personal opinion only, should not take it as legal advice

Atikin View Drop Down
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  Quote Atikin Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 16:43
I agree the bollard sucks, wasn't there something in torts law about not setting 'traps'? ie. you can't dig a hole in the middle of a park and not mark it and then take no responsibility if someone falls in? This bollard could be a trap under the law of tort.

Atikin View Drop Down
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  Quote Atikin Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 16:59
I just had a look at this - the 'traps' tort is in relation to private property and may apply, but so might garden variety negligence. The question it comes down to is 'would a reasonable carpark operator/owner owing a duty of care to users of the carpark place that bollard in such a position?' I think given the position and poor visibility of the bollard, the high chance of cars hitting it, etc, no. You could get a lawyer to send a letter along these lines asking for payment for the damage to your car. It might be worth a shot. I say a lawyer b/c the letter would need to be quite scary and authoritative to get any money out of them. Good luck.

robertbruce View Drop Down
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  Quote robertbruce Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 19:33
Thank-you all for your replys... This is the third run-in I have had with a bollard. The first two I considered, to some degree, was my fault. This one s invisible from the entire approach to it and I am not taking any blame for...
As some have mentioned, negligence in garden maintenance is the most likely cause with a secondary being the position of it and a third being something to construct, from the obvious amount of grief it has caused.

Unfortunately I cannot afford a solicitor and the company will likely drag it out and there was no reply to the first letter of demand

and Yes Booney, I did say the bollard rammed my vehicle because that was the only way I could describe what happened without saying I ran into it.
The letter was marked "without prejudice" and it is my understanding that they cannot use this letter against me in a court, unless I introduce it first...

I am still not sure what states court to apply to. Either SA, where they are incorporated or QLD where they are registered...

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 21:37
To answer your question, you lodge your small claim in Queensland with QCAT if they do not pay, the party you take action against is the owner of the shopping centre.

I hope you do OK, but I suspect your claim will fail, no damage would have occurred if you had not cut the corner, as I said before. But good luck and please let us know how you get on.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

robertbruce View Drop Down
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  Quote robertbruce Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 00:35
Hi Martin,
I didnt cut the corner. The bollard is mounted that poorly that when one goes over the speedbump it falls inward. That shouldnt be a problem BUT only one wheel at a time goes over the bump turning right. So, the left rear wheel collaspes the bollard into a cars panls, then, when the right wheel goes over the car tilts further into the bollard...
at the base of the bollard one can see how the bolts have moved upwards and also the fracture in the tar representing the fault line created by the movement of the bollard...

I'm sorry i didnt put all this in previously but which court to approach was my purpose in posting....

i realise it will be a difficult battle but i at least want to try

boony View Drop Down
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  Quote boony Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 14:50
As I'm not a lawyer I wouldn't know how to approach such a claim but would probably advise that the plants are obstructing visibility of the bollard, I would also mention what you stated above (get video evidence if you can), the narrow drive forcing drivers to be very close to the plants (if thats true) AND point out the numerous scratches on the bollard showing how many cars have hit it.

This will need to be balanced against keeping a proper lookout as that is still your obligation.

I always laugh when I see bollards coevred by scratches from bad drivers (how hard is it to turn a corner) but in your case that really does look like a vicious bollard.

I guess yr not an ancestor of Robert the Bruce? He had a hefty axe you could use to chop that bollard down ! hahahah

Edited by boony - 03/February/2012 at 14:52

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