Need help!!!

Scope1

Hi

I'm not sure where to put this thread so here goes

I'll keep it simple, a kitchen fitter fitted a kitchen into my mother in laws house. Everything was fine until she opened the extractor fan and the whole thing came down and hit her on the head. Two large kitchen cabinets, full of crockery, and the extractor fan came crashing down on top of her.

She was rushed to hospital with a head injury. Luckily there was no internal damage and the doctor said she was fine to go home. In the meantime I contacted the fitter and explained what happened. The next day he came round to survey the damage. It turns out he used 1 1/2 inch screws in the plaster board with plaster board rawl plugs. So basically the whole structure was held up by these tiny screws.

He apologised for everything and said he would like to put it right. Which the mother in law said ok to (after long persuasion) so long as a family member (who is a builder) supervises and makes sure everything is done right.

The mother in law is asking for compensation to replace her spectacles and the crockery which smashed. She said she wants the fitter to pay for all new cabinets etc. She would like a letter of apology and also some kind of compensation for the head injury.

I put this to the fitter. He claims he cannot afford to pay all this in one go and wanted to know how much compensation she wanted for the head injury. I asked if he had any public liability insurance. Turns out he hasn't got any insurance. So I said he does need to pay some sort of compensation because this could have possibly been a manslaughter case. They've got four grandchildren who are always around the house and luckily none of them were there when it happened because if that landed on a child it would have killed them. No doubt.

I'm just after some advice as to what to do. She doesn't really want to go through the courts because she hasn't got the energy for it. I want to help her but I'm not sure of how to proceed.

Help!!

Thanks for reading

huckster

This is more a legal question, rather than Insurance. Your MIL should get legal advice, with a view to issuing a court claim against the kitchen fitter, unless they agree to pay a relevant amount. Before agreement is sought with the fitter, get legal advice to make sure this is handled properly.

Make sure your MIL has a proper assessment with scans to make sure there is no issue, which might cause a delayed reaction.

I would question whether allowing the same kitchen fitter back is a good idea legally, as I don't know how this may look legally, if this ended up in court.

dacouch

Scope1 wrote: »

So I said he does need to pay some sort of compensation because this could have possibly been a manslaughter case. They've got four grandchildren who are always around the house and luckily none of them were there when it happened because if that landed on a child it would have killed them. No doubt.

compensation does not reflect what could have happened but what actually happened

vaio

you'll get nothing because "it might have been manslaughter" or because "they have grandchildren who visit".

You are perfectly entitled to have the cupboards fixed properly and any that are damaged replaced. Same applies to broken glasses & crockery. Head injury should be compensated too, are we talking bruise & a fright or blood & stitches?.

Scope1

Thanks for the replies

She has laceration to her eyebrow and extensive bruising around the eye. She also has bruising to her chest, arm and legs.

I understand 'what could have happened' doesn't stand up in court. The extent of what has happened is a nasty blow to the head and body. I'm no legal expert at all. He is wanting to know how much compensation we're talking about?? I really don't know... £500?? ..... £1000?? I don't really know how all this stuff works.

If he had insurance we could claim. He says he can't afford to pay out a load of cash because he just hasn't got it.

Archergirl

If he had insurance we could claim. He says he can't afford to pay out a load of cash because he just hasn't got it.
Well I'm afraid I think he should have insurance if he is working in peoples houses. Where did you get him from? It's his problem if he has no insurance, how long as he not been paying it, that's saved him money!!
He will have to borrow the money if he dosen't have it. Make a claim for all your MIL's losses. You can probably see a solicitor for 1 hr free. Might be an idea to get him to do the work to a satisfactory standard first though.............

Yorkie1

Does your MIL have house insurance? If so, has she checked whether she has legal advice cover? Might be worth ringing them if she wants legal advice.

The point about seeking compensation is that it tries to put you back in the position where you would have been if the incident had not happened. It does not cover 'what ifs'.

So, as others have said, compensation could be claimed for replacement items and for personal injury. If the fitter refuses to pay out voluntarily then it's either court action or NFA. Depending on the size of the claim (I think the limit is now £10K?) it is likely to be allocated to the small claims track which is cheap and straightforward (no solicitors).

Keep evidence and all receipts for replacement / damaged items.

rs65

Archergirl wrote: »

Might be an idea to get him to do the work to a satisfactory standard first though.............

.... after he has taken out public liability insurance.

amnblog

Good point from Yorkie

Check if Mizl has legal cover and sue him.

If he is not stopped he will kill someone.

Do let him back in the house.