Accidents in the Home
If you have been injured in an accident at home, we may be able to help you claim compensation
Accidents in the Home Compensation Claims
Being injured in an accident at home is very common. In fact, 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 the home, you may not be able to make a claim. However, instances where there are grounds to make a claim include
- Claiming for faulty products
- Claiming against a contractor whose work has caused an accident
- An accident that has been caused by negligence on the part of your landlord
Faulty Product Claims
No one expects products to cause injury, but, if a product is faulty or it malfunctions, you may be able to make a home accident claim. You may be able to make a claim for a faulty product if there is a fault in the design of the product or 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 the products pose.
If you have had an accident at home involving a faulty product, 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 protect you from injury whilst living in a rented property. If you have had an accident at home due to a defect in the property, 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 from suffering the cost of a home accident. 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 of an accident in the home 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, accidents at home can happen. If you suffer as a result of their negligence, they have failed in their duty and 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, which can be caused by 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. While the general rule for making claims for compensation states that you have three years in which to make a home accident claim, 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 after an accident in the home.
How we can help
Here at The Compensation Experts, the solicitors we work with operate on a no win no fee basis. Our third-party solicitors have years of experience in dealing with incidents of injury, including claims made against landlords as well as claims for faulty products. Contact us today by filling in our form or call us on 01614138765 to speak to one of our friendly knowledgeable agents.