Our client was a tenant in a block of flats in Kent which was let by the defendant in this case. Our client was ascending a set of communal stairs when a plastic edging detached from one of the steps causing our client to fall and suffer personal injury and loss.
Our client stated that there had been previous problems with the stair edging coming away and had been reported by numerous tenants in the block to their landlord.
Our Client’s Injuries:
Fracture to ankle, tibia and fibula
What did Hayward Baker Solicitors to do help?
Gary Lee one of our senior personal injury claims handlers took on the case on a No Win No Fee basis and submitted the claim through the low value personal injury claims on-line portal setting out why the defendant was responsible for the accident.
a) Failing to keep the common parts of the premises in a state of good repair as per your obligations under provisions ss 11 and 12 of the Landlord and Tenant Act 1985, or under an express or implied term of the tenancy agreement between the parties, or as a result of the provisions of the Occupiers’ Liability Act 1957 or otherwise.
b) Failing to inspect the stairs and ensure that the same were safe for the use of tenants.
c) Failing to heed previous problems with the edging of the stairs and takes measures to ensure that the stairs were safe.
d) Failing to ensure that the edging of the stairs was sufficiently fixed to the stair so that it could not detach.
After a small period of investigation by the defendant insurers they confirmed to Hayward Baker via the portal that liability was admitted.
This mean’t that provided that a medical report confirms our client was injured as a result of the accident, they have agreed to pay our client compensation, and Gary will of course discuss with our client the level of compensation after receipt of the medical report.
Gary arranged for our client to be examined by an Orthopaedic Consultant and sent off for copies of our client’s medical records from her GP and Hospital which the expert will need to see prior to the appointment. After the examination the expert will formulate a report upon our client’s injuries and this report will be used to prove our client’s injuries and aid Gary in valuing the claim for compensation.
On receipt of the medial report Gary reviewed it and sent a copy to our client for approval along with a schedule of out of pocket expenses claim which covered the following items:.
- Travel expenses to and from medical appointments
- Cost of physiotherapy (6 sessions)
- Loss of earnings where our client could not work while she recovered from her injuries
- Damaged boot (cut off foot by hospital)
- Care and assistance around the home for domestic and personal duties while our client recovered
Our client promptly approved the medical report and signed the consent forms to allow Gary to try and settle the claim now with the defendant insurers.
Gary settled our client’s claim for £15,000.00