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Hand rail on stairs

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  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    Evidence of injury? A&E visit? GP visit? That the steps caused the fall? Photos of injuries? Time off work?
    I would guess the tenant can no more prove they were injured on your property than they could prove they weren't injured falling down the pub steps.
    It doesn't matter if you are a negligent LL or a saint. No evidence of injury is proof that no injury occurred.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Trebor01
    Trebor01 Posts: 234 Forumite
    Yeah, but my concern is she will use a stiff neck or bad back as her evidence to try and support her "claim". I guess my point here is that falling down concrete steps onto a brick drive is likely to cause bruising etc which I would want to see evidence of and to be contained within the medical report. I am not sure how she can prove that any "accident" happened at my property or not, and I am hoping to onus of proof is very much in her ball court. I can't fix something if I don't know its faulty, I don't have a crystal ball. There is no evidence to show anyone was advised of this "defect" so how would I know....?

    Is there anyway to counter claim for against her for false allegations about my property and her accident....?
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    If there is no evidence, there is no proof that anything happened or where it might have happened. I'm no legal expert but would have thought that any claim by anyone for anything has to be supported by evidence that something actually happened.
    Half an hour with a solicitor might be money well spent, but I would think getting into a tit-for-tat situation wouldn't necessarily get you the resolution you want.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Yorkie1
    Yorkie1 Posts: 11,981 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Have you checked out your legal expenses insurance / LL's insurance as sonastin suggested?
  • Trebor01
    Trebor01 Posts: 234 Forumite
    Yes they are handling this now, and I can 100% show that he tenant is in fact trying to make a false claim as I have photos of her skiing from face book that are dated by her, only a week after her supposed accident...!!

    Surely this must amount to extortion as she is lying to obtain money from me...?
  • Yorkie1
    Yorkie1 Posts: 11,981 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'd stick with fraud, not extortion ...
  • Trebor01
    Trebor01 Posts: 234 Forumite
    OK fraud then, but surely there must be a case here...?
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    Print the pictures and send them to your insurance company.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Trebor01
    Trebor01 Posts: 234 Forumite
    So far they have not requested them, so not sure why not or what is going on with the claim against me but I have all the photos they need and the face book pages printed out so it is all clear to see. I am even thinking of taking this to the press as she was married to someone so of famous....!!!
  • Trebor01
    Trebor01 Posts: 234 Forumite
    sorry - sort of famous....!!!
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