We are here to help you! Property Claims Loss Assessor 's panel of experts can provide the help and information you need to pursue a property damage case. Our team has extensive experience dealing with property damage claims and is skilled in many areas.
Oil Spill
Property Claims Loss Assessor has a network that includes oil spillage contractors who can clean up oil spillages at both the domestic and commercial levels. We can help you with information about how to clean up a heating oil spillage, clean up cement oil spillages or make sure that your insurance claims are filed.
Fire Damage
We are experts in fire damage and have many years of experience helping landlords and home owners return their properties to pre-fire. We want to provide you with all the information you need to return your property to pre-loss condition.
Water Damage
Water damage can result from burst pipes or water escaping from plumbing systems within buildings. Property owners often face water damage. Our team has the experience to assist with this problem.
Hurricane Damage
Storm damage to buildings or their contents can occur after strong winds, vortexes, or isolated gusts. It is also possible for storms to combine with torrential rain. Storm damage to buildings' roofs, chimneys and walls is common. This is often followed by rainwater ingress into buildings, causing damage to their contents.
How can we help?
Property Claims Loss Assessor is the leading provider of information on claims in Ireland. We offer accurate, current and relevant information about property loss claims ireland. We can provide quality guidance regarding your legal rights and, in certain circumstances, we can assist you with getting the damage fixed through our network.
When damage could be discovered is now the main issue in property damage claims
Recent decisions by the Irish Supreme Court have unanimously ruled that the crucial date for a tort/negligence claim for property damage or tort/negligence are the date of manifestation of damage due to defective work and not the date of the actual defective work.
Background
Two houses in Co Galway were involved in the case. They were part of a small group of three houses built on a common raft foundation. The project engineer was the first defendant. He issued certificates of compliance. The second defendant was the grounds contractor, whose work covered foundations for the houses.
In general, negligence proceedings must be brought within six years of the date the cause of action arose. In this instance, the proceedings were initiated six years after the engineer's certification and the foundations were laid.
Several distinct possible starting points
The court observed that there were several possible starting points for the clock to run for limitation purposes. These starting points included the date of the wrongful acts (being the earliest and therefore most friendly to the defendant) and ending with the actual discovery of the damages (being the latest, thus most friendly to the plaintiff).
The manifestation of damage is more important than the underlying defect. It is not the latent defect that must be discovered, but the subsequent damage from that latent defect . The Supreme Court distinguished "manifest" and "discoverability" in the term "manifest", and stressed that it should not be applied.
It was only December 2005, when cracking caused by the latent defect in foundations, that the actual damage occurred and plaintiffs had a cause to sue.
Conclusion
This decision is a significant guidance from the highest court of the land regarding the date when the Statute of Limitations clock starts to tick for property damages cases. This decision reaffirms the principle that a cause for action in non-personal injuries claims arises when the damage becomes apparent.
The court emphasized that damage is manifest when it can be discovered, regardless of whether it has been or should have been discovered. This principle was distinguished from the "discoverability" test in personal injury actions. The court also reiterated that the "discoverability" test does not apply to non-personal injuries claims in tort or negligence.