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Landlord negligence claims

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  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 23 November 2012 at 12:39PM
    In legal terms, negligence is a civil tort that occurs when a person breaches their duty of care owed to another and as a result, that person suffers an injury or a loss.

    What injury did you suffer? None apparently, so you do not really have a case.
    What loss have you suffered? Sounds to me like the LL is the only one who has made a loss here, as he will be forking out for the cost of repairs.

    Its a bit like saying some stupid driver nearly hit my car yesterday - it was a "near miss" due to the other driver's actions, but there was no loss, injury to you or damage to your property, so you have no claim!

    LL has acted promptly, inspected the problem and arranged a tradesman to call to rectify it. Unless he had X-ray vision or 2nd sight, how could he have possibly known the ceiling would imminently collapse.

    Perhaps your continuing to use the shower was negligent on your part, as you may have brought about failure of the ceiling and increased the repairs required!
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I understand you had a scare but sometimes things happen that aren't someones fault. Just because part of your bathroom ceiling fell down doesn't automatically mean your landlord was negligent. Can you show he ignored a serious problem, didn't complete a repair or deliberately used sub-standard materials? You reported a problem, he asked you to keep him informed, then inspected and agreed to a repair. Seems reasonable to me.
    Don't listen to me, I'm no expert!
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jc808 wrote: »
    how would a ceiling collapse 'kill you'?

    floor from above, maybe?

    That is what the OP says yes! :p
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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