My fence runs along the edge of a supermarket's car park - are they responsible for shoppers that drive into my fence?

My fence was damaged again on Sunday by a vehicle using the neighbouring supermarket's car park (it runs along my boundary line). The supermarket were not very helpful, they say they don't have CCTV that covers the car park and say that it is their responsibility. Their customers should they be responsible for the damage to my fence. Any help would be greatly appreciated.

Asked on 12 December 2017 by sharron fawcett

Answered by Tim Kelly
Yes, the supermarket is liable if the use of their property causes a "tort feasor" to occur to yourself. I would suggest speaking to a solicitor, as it is outside the scope of what I normally advise on. Ultimately it is covered under the law of trespass, as they are causing financial loss to you (damage to your property) as a result of them allowing users of their property to move onto yours. This should mean they are "vicariously liable" for the actions of the people using their land should it damage yours.
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