headmaster030 Posted June 5, 2011 Share Posted June 5, 2011 hypotheticaly im wondering the correct protocol when there are inclement weather conditions & a stray gazebo is blown across the grounds & flattens my gazebo, who is obligated to pay for what & if they are obligated to pay & refuse to what recorse do we have as an inocent party???? Link to comment Share on other sites More sharing options...
Havasneeze Posted June 5, 2011 Share Posted June 5, 2011 hypotheticaly im wondering the correct protocol when there are inclement weather conditions & a stray gazebo is blown across the grounds & flattens my gazebo, who is obligated to pay for what & if they are obligated to pay & refuse to what recorse do we have as an inocent party???? I would say you are both innocent parties... the people that own the offending gazebo did not set out to purposely destroy your gazebo. Perhaps contact the Club who held the show and see if their insurance will cover it. Link to comment Share on other sites More sharing options...
Silvawilow Posted June 5, 2011 Share Posted June 5, 2011 I would say you are both innocent parties... the people that own the offending gazebo did not set out to purposely destroy your gazebo. Perhaps contact the Club who held the show and see if their insurance will cover it. Agreed except if the wayward gazebo was not pegged down adequately - still can't get over some people who just set them up - no pegs no ropes. Link to comment Share on other sites More sharing options...
Bisart Dobes Posted June 5, 2011 Share Posted June 5, 2011 I would say that if the gazebo wasn't secured then they would be liable. You may never get anywhere though. Imagine if it hit a dog in the ring, or a person what then ? Also what would happen if it hit someones car / trailer ? Surely there is a health & safety issue / rule within the dog world - it saturates every other aspect of our lives. Link to comment Share on other sites More sharing options...
SwaY Posted June 5, 2011 Share Posted June 5, 2011 I know of someones gazebo that went flying recently - she said sorry and paid to have the roof fixed. I know of another person who had an Altegra and it went flying and hit her in the chin - she required stitches. ANY brand of gazebo can go flying if not pegged down correctly. Those flimsy little pegs that come with them are not good enough. Get some decent sand pegs, and always put pegs in at an angle - never straight down. Link to comment Share on other sites More sharing options...
SwaY Posted June 5, 2011 Share Posted June 5, 2011 I would say that if the gazebo wasn't secured then they would be liable. I agree. Link to comment Share on other sites More sharing options...
Guest CaptainCourageous Posted June 5, 2011 Share Posted June 5, 2011 (edited) hypotheticaly im wondering the correct protocol when there are inclement weather conditions & a stray gazebo is blown across the grounds & flattens my gazebo, who is obligated to pay for what & if they are obligated to pay & refuse to what recorse do we have as an inocent party???? A lawyer would probably pursue the stray gazebo's owner, manufacturer, whoever put up the stray gazebo, the hosting club, the canine control and the land owner. Now say the stray gazebo didn't damage a gazebo, but walloped two people at once leaving one dead and one permanently disabled. Damage bill in the hundreds of thousands or more. I think the hosting club's insurance probably covers both circumstances. May depend on which state you're in. Edited June 5, 2011 by CaptainCourageous Link to comment Share on other sites More sharing options...
Meea Posted June 6, 2011 Share Posted June 6, 2011 One flew into the hound ring at Castle Hills a few weeks ago. I was left wondering about what would happen if a dog/person was struck. Psychological damage perhaps to both as well? Link to comment Share on other sites More sharing options...
becks Posted June 6, 2011 Share Posted June 6, 2011 Trouble these days, there are no accidents anymore, it is all a case of where there's blame there's a claim. What happened to the phrase sh!t happens? Link to comment Share on other sites More sharing options...
headmaster030 Posted June 7, 2011 Author Share Posted June 7, 2011 i saw this happen recently. the offending owner couldnt care less & refused to offer to pay for any damage, there should be some sort of rules in place in the case of this happening, im sure i wouldnt be as understanding as the the people who had their expensive gazebo VERY damaged. Link to comment Share on other sites More sharing options...
jr_inoz Posted June 7, 2011 Share Posted June 7, 2011 I would say that if the gazebo wasn't secured then they would be liable. I agree. Think the club and the grounds at which the show is held will also have some responsibility. June canine journal in SA has an ad telling people to secure their gazebos properly. I think they may be getting a tad frustrated. Trouble these days, there are no accidents anymore, it is all a case of where there's blame there's a claim. What happened to the phrase sh!t happens? When said shit happens because someone is an idiot, and hasn't done the right thing (Like the person I know who left their gazebo up with no ropes with forecast gale force winds) then it isn't an accident - it is negligence. And claim away I reckon. Link to comment Share on other sites More sharing options...
poodlefan Posted June 7, 2011 Share Posted June 7, 2011 If you're even thinking about getting a solicitor involved, go and buy the most expensive replacement gazebo you can find. It will be cheaper. Small claims court (self represented) or don't bother. Put it down to shit happens and move on. Link to comment Share on other sites More sharing options...
Wadz Posted June 7, 2011 Share Posted June 7, 2011 Shit does happen though! We tried everything on the weekend to keep our gazebo pegged down. But sadly the ground was too soft and the wind was too strong. We ended up taking it down before it caused damage. Around 10 gazebos lost roofs and they were secured. Buying a new gazebo would be a lot cheaper than going to court. Link to comment Share on other sites More sharing options...
headmaster030 Posted June 8, 2011 Author Share Posted June 8, 2011 i would like it known i have never mentioned the word solicitor or court but i did mention that there should be some recorse through the vca or the club holding the show to hold who ever the owner of the offending missile accountable. you have a dog that bites at a show & causes damage the vca has a corse of action in place. well the same should be for an exhibitor who doesnt adequatly secure a potential missile, something should be done before someone or someones dog is damaged as what nearly happened recently. finaly if my gazebo took off & went through your gazebo & got your prize winning dog would your critisims be the same, i think not. Link to comment Share on other sites More sharing options...
Weizone Posted June 9, 2011 Share Posted June 9, 2011 Shit does happen though! We tried everything on the weekend to keep our gazebo pegged down. But sadly the ground was too soft and the wind was too strong. We ended up taking it down before it caused damage. Around 10 gazebos lost roofs and they were secured. Buying a new gazebo would be a lot cheaper than going to court. It was a wicked day for wind and sadly the ground was soft, but gazebos were erected and remained standing and I do think 10 gazebos loosing roof or flying away is a little exaggerated. I know of two personally that went travelling one was securely pegged and the other was tied to it without pegs. Like others have said if they are pegged and erected correctly most will remain standing. One must remember that particular show you are talking about probably had the best weather it has had since dog showing was introducecd. It is also a ruling in Tas that all gazebos must be secured properly. We have been the victims of an awol gazebo car damage for which the owners of the gazebo were liable. Link to comment Share on other sites More sharing options...
poodlefan Posted June 9, 2011 Share Posted June 9, 2011 i would like it known i have never mentioned the word solicitor or court but i did mention that there should be some recorse through the vca or the club holding the show to hold who ever the owner of the offending missile accountable. you have a dog that bites at a show & causes damage the vca has a corse of action in place. well the same should be for an exhibitor who doesnt adequatly secure a potential missile, something should be done before someone or someones dog is damaged as what nearly happened recently. finaly if my gazebo took off & went through your gazebo & got your prize winning dog would your critisims be the same, i think not. Perhaps not but others did. You are entirely responsible for the behaviour of your dog. Your level of control over the weather, the structural integrity of your gazebo, the strength of ropes and pegs and ground conditions is far less certain. Why you'd conclude that the VCA or show committee should assume liability for such things beats me. Personal injury is a whole different ballgame for which all VCA affiliates are insured. Shit happens. It doesn't always mean someone is responsible. Even if responsible, it doesn't mean someone should be financially liable. It would be nice to think that if a person caused preventable damange to your property that they'd shuddup and pay up. But sadly, it aint always so. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now