potential personal injury claim against landlord or letting agent

Taradiamond1

DullGreyGuy said:

Do you have legal expenses cover on your home insurance? They'd cover a trip/fall type claim and give you a formal legal opinion on your prospects.

This isnt an area I've dealt with and so dont know the case law on how prior litigations have been resolved. As the owner the Landlord has a responsibility to inspect the property and ensure its in good order and safe. At the same time you'd had 4 months to highlight the issue of the stairs and hadn't which would potentially suggest they really arent that bad. 

What I cannot say, but a lawyer could, is if that just creates some contributory negligence on your part and so reduces the settlement you are due or if it'd nullify your claim. 

Lesson learnt! I haven't rented before and moved in and highlighted other issues that needed to be resolved. The landlord owns and runs the shop below the flat and uses the office in the basement which looks down onto the steps. I speak to him and see him every few days and thought it would create tension if I kept finding fault. The steps are deceptive, they dont look too bad, but on taking levels with a spirit level, they slope towards the garden. As the low wall adjoining it is also crooked, it dowsnt look as bad as it is. 

Taradiamond1

CSI_Yorkshire said:

Steps that you were supposed to maintain and had used for 4 months possibly every day for 4 months without deciding that anything needed fixing or modifying, but that you suggest the landlord should have noticed on a single inspection and fixed before you moved in?  I'm not sure that creates a very strong case.

PI claims are a bit odd sometimes though - all sorts of things that don't seem to be strong cases appear on our desks.  I agree with above, seek free legal advice (but not a no-win no-fee lawyer, that might end up costing you money).

lesson learnt! I had highlighted several issues when I moved in such as main door letting in rain, kitchen cupboard hinges failing so I had to unscrew them, upvc window that has dropped and bow cannot shut..... still waiting for sll these things to be fixed. I guess 1. I didnt think they looked thst bad for a fit and able bodied person to use and 2. I see landlord most days as he owns and runs shop below. I didnt want to make things awkward by listing a whole load of issues. 

Taradiamond1

Thanks all, I have made up my mind not to claim. I have been toying with the idea on and off but mainly when I am kept awake by the pain or I have had to turn down work as I know my leg won't withstand it.

Having rented out my own property in the past, my approach was very different as I feared a claim being made against me. 

ThisIsWeird

Your responsibility to maintain the garden does not stretch to structural issues, only to the organic bits. 
Confirm, please - when you stumbled on these steps, it was the first time you used them? You hadn't gone that far into the garden before? If so, I would imagine a claim would be successful. Why? Because the unevenness of the steps didn't occur spontaneously - it was clearly already like that. And the LL should have been aware of it, but did not provide any warning or caution; "use at your own risk".

Taradiamond1

ThisIsWeird said:

Your responsibility to maintain the garden does not stretch to structural issues, only to the organic bits. 
Confirm, please - when you stumbled on these steps, it was the first time you used them? You hadn't gone that far into the garden before? If so, I would imagine a claim would be successful. Why? Because the unevenness of the steps didn't occur spontaneously - it was clearly already like that. And the LL should have been aware of it, but did not provide any warning or caution; "use at your own risk".

Nope, I had used them before on occasions. They did not 'feel' or look uneven. 

Bonniepurple

OP, I feel for you.  I’ve become permanently disabled due to misjudging my step getting off a train and had a similar injury to you (right ankle broken in 3 places and dislocated for good measure!).  A family member suggested that I push for compensation but initially I thought it was *just* a broken ankle, and not the life changing injury that it’s turned out to be so I didn’t look into it.

So far as I’m concerned, it was an accident, just sheer bad luck.  I’d got off that train at that station at that time many, many times before (and a few since) and never had a problem.  

GDB2222

This is not an insurance issue. That’s a matter for the landlord. 

it would be sensible to run this past a solicitor. 

ThisIsWeird

Taradiamond1 said:

ThisIsWeird said:

Your responsibility to maintain the garden does not stretch to structural issues, only to the organic bits. 
Confirm, please - when you stumbled on these steps, it was the first time you used them? You hadn't gone that far into the garden before? If so, I would imagine a claim would be successful. Why? Because the unevenness of the steps didn't occur spontaneously - it was clearly already like that. And the LL should have been aware of it, but did not provide any warning or caution; "use at your own risk".

Nope, I had used them before on occasions. They did not 'feel' or look uneven. 

As GDB says, you need professional advice. Perhaps a free initial 30-minute consultation?

I suspect that the fact you'd used the steps before won't help. IE, having done so, you would/should have been aware that there was no hand rail and that the steps would reasonably have been judged to have warranted them. Also the fact the steps are so uneven - off the level - to have caused your fall, but you seemingly didn't even register this unevenness before, seems strange. No 'Oops, I need to be careful using these!'?

But, I'm not legal-informed - this is pure conjecture.