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If a life threatening object falls from head height can I claim compensation?

2

Comments

  • OP - I'm very sorry to hear that you didn't get killed or hospitalised by the falling tile (better luck next time eh?)
    "One thing that is different, and has changed here, is the self-absorption, not just greed. Everybody is in a hurry now and there is a 'the rules don't apply to me' sort of thing." - Bill Bryson
  • mostlycheerful
    mostlycheerful Posts: 3,486 Forumite
    edited 13 December 2010 at 5:32PM
    Maybe I’m a mug but I’m prepared to take this question at face value rather than assuming that you’re trolling or doing a wind up or being a numpty.

    Assuming that this is a serious request then I’d suggest that, as BitterandTwisted suggests, perhaps the next step is to document the incident in writing to the landlord and, of course, keep a copy. Perhaps also take several photos of the offending area and any surrounding areas that might become a problem. Perhaps initially phrase your letter professionally and coolly and don’t be inflammatory at the start, you can save anger or pressure or threats for later, should it become necessary. But initially you want to, if possible, get a favourable response out of them, not just annoy them and get their back up, innit.

    If you have a good relationship with your landlord and if they are a generous relaxed sort and they value your business then asking for a token bit of compensation might be reasonable and they may cough up without demur, if you’re lucky.

    However, if you have a strained relationship with them or if they’re hardnosed or uncaring or rough then maybe it would be better not to make an already difficult relationship any worse. Otherwise you might just get a flea in your ear. Or worse, you might find yourself out on your ear or being harassed. Or if the landlord’s a stressed out loony thug then you could, worse case, even get a smack in the chops, couldn’t you. Some people fly off the handle at the slightest thing and especially if they’re getting flak elsewhere and having to try to stay on top of lots of other attack coming their way. As I’m sure you realise, landlords and your relationships with them vary from good to awful so whether yours is good and whether your relationship with them is good is probably what should inform your decision making about this. No point asking a thug or going head to head with them about this, is there. Well, unless you’re sick of the place and ready to move out in a hurry anyway, and can handle yourself with thugs, in which case, if you feel like it, and maybe if this is the final straw, then go for it, all guns blazing.

    How much compensation do you think would be reasonable? If just an apology and offer to fix it pronto would satisfy you then consider if this is all you want. Or do you want some money in which case would a token £20 satisfy you? If so, and subject to the above suggestions ie if the landlord is likely to be ok with such a request, then perhaps politely ask for that off them, perhaps, at least at first, just casually and politely over the phone in a relaxed manner. Or if you think this is too serious then do it in writing. Again, probably best to start off politely and lightly rather than immediately ramping it up. Well, as I already say, unless you’re already fed up with them in which case maybe go in strong straight away or if you don’t care about any negative reaction and can deal with any consequences.

    Or would £50 or £100 feel more appropriate? Of course the more you ask for then the less likely they are to comply. If they feel that you’re just a mickey taker then they may just tell you to get lost. And if they’re hardcore, well, anything’s possible isn’t it. No point getting a smack in the gob over this, is there.

    I hope this helps your thinking. Good luck with whatever you decide - if this is a serious request, which, as I say at the start I’m prepared to act on in this instance. However, if you’re just having a laugh and doing a wind up as evidently some other posters here appear to assume, well, yeah mate, very funny, on yer bike.
  • You are not due compensation legally because you suffered no loss.

    If you have previously notified the LL about the problem, I suggest you write to explain what happened, point out that if there had been an injury there would have been a question of liability. Then (or if you did not notify) I would suggest you start the procedure outlined in Lee-Parker vs Izzet 1971 to do the repairs and deduct from future rent.

    Shelter have a guide to the process (although they don't reference the case name). Just google 'shelter england repairs private' and you'll find it.
  • JQ.
    JQ. Posts: 1,919 Forumite
    I feel deeply affected by this incident and think I will struggle to sleep tonight. Does anyone else feel affected, if so, we should start a class action suit against God. After all he/ she created gravity. Who's with me, we could make millions?
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    Northern EnQuirer,

    Don't listen to these idiot. None of them have the legal training we at "where theres gain thiers a claim.com" have had, neither would they understand the suffering and worry ou will have endured. Contact our company immediately and we will pursue this repugnant landlord for all they are worth. I am sure the mental anguish you have suffered alone would be worth a sum of at least 4 figures*, possibly 5 and if you lodge your business with uswe proceed on a "no win we pay you basis." Yes that's right if we don't get you compensation we will personally give you a 3 figure settlement*.

    Contact me quickly as its likely the moderators on this forum will remove this message as they don't want you to receive a big cash settlement as they want to suppress the common man like you.







    "where theres gain thiers a claim.com" is an entirely fictional company as is our sister company "Help us stop corrupt nigerian politicians stelaing from they're people by helping us transfer millions to you bank account.com"

    *all figures quote may be to the right of a decimal point.
  • JQ.
    JQ. Posts: 1,919 Forumite
    RabbitMad - would you be interested in taking on the class action suit I mentioned earlier in the thread? I really think reading this thread has had a massive impact on my life. I don't think I'll be able to go to work tomorrow, so we're probably looking at loss of earnings too. There have been 953 views of this thread so there must be hundreds of other people suffering as I am. Only £1m is going to make me feel better. Fancy it?
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is the best one yet, and iv'e seen some crackers on here.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    bris wrote: »
    This is the best one yet, and iv'e seen some crackers on here.
    If they were the same brand that I choked on last week, you'd previously seen them and did nothing to pre-warn me of the dangers, I have to warn you I shall be taking legal action against you.
    As a result of eating 23 of these crackers in their natural state, my mouth dried out completely, I choked, and have not been able to work since.
    My 13 year old son was traumatised by the site of me choking and has been having nightmares about crackers. He is now unable to enter the kitchen.
    Since you are clearly familiar with crackers you had a duty to advise me, my son, and all other potential cracker consumers of the inherant dangers of multiple cracker consumption.
  • Many years ago, when I was about 10 yrs old, the ceiling in my bedroom just fell on to my bed, no signs anything was wrong, a huge area of plaster just gave way.

    Fortunately I was not in bed (must have got up early that day). But this thread has got me thinking, should I have sued the person responsible?

    So sue the landlord? Er no, house owned (being bought on mortgage) by parents. Sue parents for negligence? But there was no evidence even a hour before ceiling collapsed there was a potential problem. Plus of course I wasn't injured. Sue the plasterer who put up the ceiling 50 years ago? Now we are getting silly.

    These things happen, no one was hurt, we just repaired ceiling and got on with our lives.
    I'm wondering now if I should have sued myself when the plaster fell off the kitchen ceiling when the roof was leaking:eek: Just think my dog could have been stood there :eek::eek::eek::rotfl:( no children)

    No chance she didn't like getting out of her bed - for the dog lovers, I don't want to be sued :T
    Wow, I got 3 *, when did that happen :j:T:p
    It is not illegal to open another persons mail unless you intend to commit fraud - this is frequently incorrectly posted:)
    I live in my head - I find it's safer there:p
  • I was so shocked by this thread that I have spent all night listening to Cliff Richard's 1980's hit, "Wired for Sound".

    I think I shall now go rollerblading around Milton Keynes shopping centre whilst listening to AM radio on my Walkman.
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