Rank: New forum user 
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A company is using a piece of our land for storing bulk material which it delivers and collects via lorries. During the delivery of this material a lorry tipped over, luckily the driver was not seriously hurt, cuts and bruises and a couple of days off work. The company in question have not supplied an accident investigation and are claiming that it is our responsibility as it is our land although we have nothing to do with the process - they only use the land. The surface was even so was not a factor in the incident. Can someone please clarify whether it is their responsibility or ours? I am prepared that there could be a compromise but they are insistent it is our responsibility. Help please
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Rank: Super forum user
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What (if anything) does the rental agreement for the use of the land say about the upkeep of roads and haulways? If there is no formal agreement, then any liability issues will be decided ont he grounds of custom and practice during the use of the land.
How long has this been going on? It may be (it often is) that the owner might be expected to provide a suitable site layout and access when the agreement starts, but the haulier could be liable for repair of any damage caused. Whether this extends to general upkeep during the rental to avoid 'wear and tear' deterioriation - depends on the wording of the agreement (if any)....
If you have not carried out an investigation yourself how can you be so certain the surface was NOT a factor in the incident? What potholes are there? Any rocks or other obstructions? What is the gradient? how wide are the roadways, what are visibility splays and etc etc...? Who loads the lorries (and how? Is there any fixed plant used for this?
Do your own site examination if you can. Take photos, measurements, draw a plan. If the haulier is already claiming 'it was your responsibility' then it sounds as if they are gearing up for a claim. If the lorry was damaged - that could be a substantial claim which you might find difficult to defend if you have no facts available, no lease or rental and basically have not exercised reasonable care....
Sorry for being so negative at this time of a Friday - it's been a tough week!
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Rank: Super forum user
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Are they just not sharing their accident investigation or have they not bothered to carry out any sort of investigation?
In such circumstances I would think that a joint investigation is the way forwards.
If they are not at alI interested, I’d get rid of them asap. They are a liability.
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Rank: Forum user
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If it was a RIDDOR (which I know it wasn't) then the employer not the land owner would have to report it (unless it's in a quarry) - perhaps use this as an argument for getting them to compile an incident report. However, strictly legally, the duty is on whoever is stipulated in the contract you have with them (which is probably silent on the matter?).
One though to bear in mind however is that if they compile the report they're more likely to apportion blame anywhere but themselves - perhaps it's best to invite them in to discuss the incident and compile it yourselves.
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Rank: Super forum user 
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Forgetting contractual matters for a moment...surely the haulier would be genuinely interested in the cause of the incident and the means of prevention? If not, they are seriously dangerous and incompetent in my book.
I don't see how the land owner is in a position to investigate without all the facts such as interviews, knowledge of load, SWL, condition and certs of lorry, training of the driver, etc. Is the haulier prepared to provide all this information anyway - I would be surprised.
Definitely the haulier's responsibility and where the land owner can assist the investigation they should.
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Rank: New forum user
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Thank you all for your comments - definitely will help to solve the problem.
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