Our client was renting a property maintained by the defendant. On the day of the accident our client had exited the front door of her home and as she stepped on the top step of a set of 6 she fell due to the fact that the steps were uneven, broken and had loose rubble on them where the steps were collapsing.
As a result of the the fall our client suffered injury and loss.
Our Client’s Injuries:
Broken Clavicle (collar bone), bruises to face, stomach, thigh, knee, shin and bottom.
What Hayward Baker did to help:
We took on this case on a No Win No Fee basis and stated the claim via the personal injury insurers on-line portal.
The allegations were:
You have a statutory duty under the Defective Premises Act 1972 under section 4 to take such care as is reasonable in the circumstances to see that our client was reasonably safe from personal injury caused by a relevant defect.
The condition of the steps amounts to a defect in the state of the property as defined in section 3 of the Act and you had knowledge or should have had knowledge of the defect.
Alternatively/additionally section 4(1) of the Defective Premises Act places an obligation on the landlord to all persons who might reasonably be expected to be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury. Section 4(2) provides that a duty is owed if the landlord knows or if he ought in all the circumstances to have known of the relevant defect.
Additionally/alternatively you were negligent in that you:-
(i) Failed to ensure the steps were repaired by a competent contractor
(ii) Failed to inspect the property to ensure that it was free from any defects
(iii) Failed to ensure the area was safe for the use of your tenant
(iv) Failed to maintain and repair the steps either properly or at all
Liability was admitted in this matter by the defendant only to be revoked later when the insurer claimed the the medical report from the Orthopaedic Consultant did not confirm causation (that the injuries were caused by the accident).
One of our senior specialist claims advisers argued this but the insurers would not budge even when the expert amended his report. Court Proceedings were issued and it would be left up to a judge to decide whether the injuries were caused by the accident at a future Trial.
However, this case never got to reach the Trial stage as the defendant insurers made an offer to settle the claim. Our client accepted the offer having taken advice from us.
This case settled for £7,000.00 to include the following out of pocket expenses:
- Travel expenses to and from medical appointments
- Loss of earnings
- Care and Assistance around the home for domestic duties
- Damaged clothing