Claiming compensation for accidents at home

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As a result of the Covid-19 pandemic we are all now having to spend a lot more time indoors and this increases the risk of having an accident in your own home.

According to data provided by the Royal Society for the Prevention of Accidents (RoSPA) more accidents happen at home than anywhere else. Each year 2.7 million people seek medical attention for accidents in the home. It is often assumed that you are not entitled to claim compensation for an accident that happened in your own property because you would automatically be to blame. However, it is not always black and white and there are plenty of cases where people have been injured at home due to the negligence of someone else.

Defective Products

Injuries may be caused by items that are not fit for purpose, eg furniture collapsing. If you are injured at home as a result of a defective product it is very important to keep hold of the item for inspection, if it is safe to do so, even if it is damaged beyond repair. The item may need to be examined to prove the fault. Without this evidence it may not be possible for you to claim. Try to find receipts or other documents relating to the item and take photos of the item in it’s current state. Also, try to find and keep any photos of the item in your house taken prior to the accident.

Faulty Work

Accidents may occur as a result of poor workmanship carried out in your home by a third party, eg badly fitted windows or stair carpets, electrical wiring or incorrectly installed appliances. If you believe your accident was the result of faulty work carried out by a tradesperson, take photos of the work in question and take action to make sure the house is safe again. If you have had faulty electrical work carried out, get a qualified specialist to inspect and repair the damage. Keep receipts for any repair work and ask the specialist to state on their receipt or other documents provided the reason for their work, eg “to repair faulty wiring”.

Negligent Landlords

Poor property maintenance from either a private or local authority landlord may make your home unsafe. All landlords have a legal responsibility to ensure that the property they rent out to tenants is safe. If the accident was due to their negligence you will be entitled to compensation. Common examples of incidents where a landlord could be held to blame are when they have failed to carry out the correct maintenance, failed to act quickly enough to prevent an accident and failed to carry out regular checks resulting in an injury. You should take photographs of the damage or poor maintenance which caused the accident and keep a note of when you first reported the problem to your landlord. You should also contact your landlord to report that you have been injured and request that they rectify the fault.

Attacks in the Home

This may relate to a domestic assault or an attack by an intruder and you may be able to claim compensation if you have been injured as a result. These claims are made through the Criminal Injuries Compensation Authority which is an organisation set up by the Government to ensure victims of crime receive an award of compensation.

Can You Claim for an Accident in Someone Else’s Property?

Yes, if the homeowner or another party is to blame for your accident. Their home insurance policy may provide suitable cover for your claim. We can advise you how to proceed with such a claim.

What if you are Partly Responsible for the Accident?

It may still be possible to claim compensation even if it’s not clear who was responsible for the accident. An injured person can still receive compensation even when they may be partly responsible. It may be that the amount of compensation is reduced if a claimant’s injuries were partially caused by their own actions. Again, we would be able to advise you on this.

Claims for compensation for accidents in the home can often be less straightforward than those which occur on the road or in public places. There may be no witnesses to the incident and causation may be difficult to establish. We will ensure that you get the best advice and that the claims process is as easy and straightforward as possible. We have had many years of experience of personal injury claims and our specialist team will be happy to advise you.

If you would like free advice about any type of accident claim please call us on 0121 752 2818 or email our team at info@personalinjurylawyerbirmingham.org

By: Julie Moore
Title: Claiming compensation for accidents at home
Sourced From: www.tayloremmet.co.uk/blog/wordpress/claiming-compensation-for-accidents-at-home/
Published Date: Fri, 17 Apr 2020 09:19:00 +0000