Being injured in an accident at home is very common. According to the Royal Society for the Prevention of Accidents (RoSPA) more than 2.7 million people attend A&E seeking treatment after having accidents at home.
You may think that if you have an accident in your home that you may not be able to make a claim. There are a few instances where there are grounds to make a claim. These instances include claiming for faulty products, claiming against a contractor whose work has caused an accident, or an accident that has been caused by negligence on the part of your landlord.
Faulty Product Claims
We know no one expects products to cause injury, but if a product is faulty or malfunctions, then you may be able to make a claim. You may be able to make a claim for a faulty product if there is a fault in the design or manufacture of the product. You may also be able to make a claim if the product was not maintained correctly.
The Consumer Protection Act 1987 must be followed by all product manufacturers. It states that people who buy a product may recover any losses caused if it was defective and caused injury. Manufacturers must also make the consumer aware of any risks of the products.
If you have had an accident involving a faulty product, then you may be able to claim compensation. We recommend that you keep the product, or at least a photo of it, and the receipt if you still have it.
Landlord Negligence Claims
Your landlord has a duty of care to you to protect you from injury whilst living in a rented property. If you have had an accident due to a defect in your home, then it is likely that your landlord is responsible, especially if you have previously reported it to them and they have not done anything to rectify it. This includes renting from a private landlord, a letting agent, a housing association, the council, or a student property.
Protection for Tenants
If you live in a rented property, there is a law in place that protects you. This is known as common law, which is also known as implied terms in your tenancy agreement. It states that property should be in a condition that poses no significant risk to the occupants or visitors.
Your landlord is also required by law to follow the Landlord and Tenant Act 1985. There are strict rules in this act that protect tenants. The Act states that your landlord is responsible for making sure your home is safe, and properly maintained both on the inside and outside. Landlords must provide a building that:
- Is safe to live in
- Is free from damp and well ventilated
- Can withstand normal weather conditions
- Can withstand normal use by tenants and visitors
- Is in a reasonable state of repair inside and outside
If your landlord fails to meet any of these requirements they have failed in their duty, therefore you may be able to claim compensation.
The most common accidents in the home where your landlord can be held responsible are slips, trips and falls. There are many things that can cause these accidents, for example, poor lighting, defective steps or stairs, ripped carpets, loose or missing floorboards, and unsafe steps or paving in garden areas. Your landlord is responsible for taking the necessary precautions to avoid accidents like this happening.
Claiming on Behalf of a Child
Children are amongst the most likely to have accidents in the home. If your child is under the age of 18, you can make a claim on their behalf for any accidents they may have had. The general rule for making claims for compensation states that you have three years in which to make a claim. However, if the claim is on behalf of a child, you have until the child is 18 to make a claim on their behalf. Following that, they then have until they are 21 to make a claim for themselves.
How we can help
Here at The Compensation Experts, we work with solicitors who have years of experience in dealing with accidents. This involves claims made against landlords and for faulty products. Contact us today by filling in our form or call us on 01614138765 to speak to one of our friendly knowledgeable advisors.