Claims For Slips, Trips, Or Falls Injuries At A Rented Property – Can I Claim? How To Claim Compensation?
As a tenant you may believe that if you have a slip trip or fall in your rented property then nobody is to blame other than yourself, but this isn’t necessarily true. Landlords can sometimes be held liable for accidents even if they weren’t present at the time of the accident as there are things that they should do to ensure the safety of tenants and any visitors in their properties.
If you’d like to make a personal injury claim against your landlord for a slip, trip or fall, then please call one of our specialist advisors today for a free initial consultation to understand how your accident happened and advise you how to proceed with your claim. Call Legal Expert today on 0800 073 8804.
If you’d like to know more first then please carry on reading this useful guide.
Select A Section
- A guide to slip and fall accidents in a rented property
- Negligence in cases of a slip or fall accident in a rented property
- Slips, trips, or fall inside your rental home
- Slips, or trips in common areas of a flat or apartment complex
- Slips, trips, or falls in external parts of your rental property
- What duty of care against harm do landlords owe tenants?
- When can your landlord be held liable for physical injuries you have suffered?
- Common injuries from falls in the home
- What can be claimed for if involved in a slip or fall accident in a rental home?
- Calculator for slip, trip, or fall claims against a landlord or tenant
- No win no fee claims for slips, trips, or falls in a rental property
- Why Make Your slip or trip at a rented property claim with us?
- How to contact our team
- Useful links
A guide to slip and fall accidents in a rented property
All landlords, whether single property landlords or owners of multiple properties, have a duty to protect their tenant’s safety as much as possible by ensuring the property is structurally safe, meets fire health and safety regulations, is well maintained and any faults or defects are repaired in a reasonable amount of time.
Any slips or falls at a rented property can lead to a personal injury claim using our no win no fee service where it is possible to prove whether the accident could’ve been avoided, or the landlord has been negligent in their duties to protect their tenants.
This guide will give you the information you’ll need to understand if the landlord was liable for your accident, what your responsibilities are, the personal injury claims time limit, how to make a no win no fee personal injury claim and how much compensation your injury may entitle you to.
We’ll cover the common types of injury from a slip or fall, when your landlord can be held liable, what you can claim for as part of any settlement amount, the areas of a property that are included and there’s also a useful links section right at the end of the guide which offers further information should you need it.
Negligence in cases of a slip or fall accident in a rented property
Negligence in the case of slips or falls at a rented property can be a complex area and may require investigation but essentially a landlord has a duty of care to all tenants and should ensure their safety at all times by providing a safe living environment, ensuring minimum safety standards are met (including fire safety regulations) and by repairing any problems within a reasonable timeframe.
To be successful any personal injury claim needs to be able to prove the landlord has been negligent or failed in their duty of care in some way. If you’ve been injured in an accident in a rented property it would be worth trying to photograph the cause of the accident (as you see it) which we can use as evidence of the negligence.
Slips, trips, or fall inside your rental home
As you can see from the information provided so far slips and falls at a rented property can happen and they can be the fault of the landlord, the tenant or someone else entirely. They can lead to serious injuries and may lead to a personal injury claim against a landlord (even if you only ever deal with a property management company and not the landlord directly).
Some common reasons for a personal injury on rental property include:
- Damaged stairs or handrails.
- Damaged or uneven flooring which can be inside the property, in communal areas and even in the garden or car park of the property.
- Wet or slippery floors caused by cleaners who’ve not used warning signs (if these were employed by the landlord then they could be liable for the accident and subsequent personal injury claim).
- Poorly lit areas or broken lighting which means you can’t see a trip hazard. A landlord will have responsibility to ensure all lighting is sufficient, especially in emergency exits. If the lightning is non-existent then the landlord is likely to be liable but if it’s because lighting is broken, and nobody told the landlord then they would be much less likely to be liable.
These are just some of the common reasons for a slip or fall in a rented property, if you believe an accident you’ve been involved in was the landlord’s fault then please call our advisors today. Legal Expert have years of experience making claims for unsafe conditions in a rental property and similar claims in rented property so please get in touch to discuss your particular accident.
Slips, or trips in common areas of a flat or apartment complex
If you’re involved in slips or falls at a rented property that happen in common areas of the complex such as hallways, stairs, lounges or bathrooms then you may wonder if the landlord is actually liable for your injury or whether another tenant is to blame.
Essentially it comes down to whether or not the landlord could reasonably have been expected to prevent the accident or whether it is something that they are contractually responsible for.
So if you slip on flooring in a communal area due to a damaged floor board then the landlord could be liable if they had been told by you or another tenant about the problem but if they had informed all tenants to be careful around that area while they arrange for it to be fixed or had put a warning sign in place then they would probably not be liable.
Slips, trips, or falls in external parts of your rental property
Slips or falls at a rented property that happen outside of the building may or may not be the responsibility of the landlord. As always, negligence in some way has to be proven to make a claim successful and how the accident occurred outside of the property will usually determine this.
For instance, if you’re outside of the building but still in the garden area and you trip down some steps, the landlord could be liable if the steps were damaged or the handrail broken but if you slipped on the stairs because of something slippery being left on them then the landlord wouldn’t be in control of that situation and therefore not liable (unless they had previously been informed and said they’d sort out the issue).
What duty of care against harm do landlords owe tenants?
All landlords have a duty of care to prevent a tenant, or guest of the tenant, from becoming injured while in their property by demonstrating reasonable care for their tenant. Reasonable care is defined, in a court, by answering questions such as ‘what would a reasonable landlord do?’ and ‘has the landlord demonstrated the same care as an average landlord?’
When can your landlord be held liable for physical injuries you have suffered?
A landlord can be held liable for an injury caused to a tenant if it was because of a defect to the property. This means that the landlord should ensure the building is well maintained and safe before letting it and repair any faults that are reported to them in a timely manner. There is legislation to cover this called the Defective Premises Act 1972 which defines what a landlord should do and states that, as well as the inside of the property, they need to ensure communal stairs, gardens and bin stores are also safe.
A question such as ‘can a tenant sue a landlord for falling down the stairs?’ could result in either a ‘yes’ or ‘no’ answer as the landlord would only be liable if the accident was caused by a defect to the stairs (such as damaged floor boards or handrails) and they had been informed of the defect by the tenant. If a landlord has no knowledge of a fault, then they wouldn’t reasonably be expected to repair it.
Common injuries from falls in the home
There are a number of common injuries caused by falls in the home which can lead to a personal injury claim against landlords some of which can be very serious injuries requiring multiple surgeries to try and repair the damage. The common types of injury are:
- Sprained joints such as wrists and ankles.
- Soft tissue damage which is damage caused by force to the muscles, tendons and ligaments and often may not be immediately obvious.
- Broken leg and arm bones as well as elbows, knee caps, ribs and collarbones which, if they are simple breaks, can be resolved by a single trip to the hospital whereas some multiple or complex fractures can lead to multiple visits to the hospital as an outpatient and could mean that the joint may never fully recover.
- Head injuries are particularly complex, and we can’t usually see the damage from the exterior. The NHS advice is that any symptom of a serious or severe head injury are seen then the injured party must seek help at A&E immediately. The symptoms of a serious head injury include: Fits or seizures, loss of consciousness, difficulty speaking, double vision, hearing loss, blood or fluid from the nose or ears and sudden swelling behind the eyes or ears.
- Back injuries can be very serious and, if there’s any suspicion of one, then injured person shouldn’t be moved until assessed by a paramedic or similarly trained medical practitioner.
Other injuries can be sustained in slips or falls at a rented property as this is just some of the common injuries, we receive claims for. We can consider any injury from a fall in a rented property where it’s in the list above or not so don’t worry if you can’t see your injury.
What can be claimed for if involved in a slip or fall accident in a rental home?
When you’re involved in slips or falls at a rented property there are a number of different elements that can make up your claim. These elements need to all be claimed for at the same time as once you claim is settled, we won’t be able to go back for more and therefore our job is to ensure all of the evidence is collected before submitting any claim.
The most common elements of an accident at home claim that are usually included are:
- General damages: This is the element that deals with the pain and suffering caused by your accident. It is defined by the type of injury and its severity which means it is essential that Legal Expert fully understand your injuries and provide evidence of the severity by using medical experts and medical records.
- Damage to personal property: We can also claim back the cost of any item that was damaged when you had your accident. So, if your personal injury on rental property involved a fall and your watch was broken or clothes were torn then the cost to replace these items can be claimed back.
- Medical costs: When you’re recovering from your injury there may be appointments at non-NHS establishments such as physiotherapists that you have to pay for. These costs can be claimed back as can any prescription costs and travelling costs to get to medical appointments.
- Care costs: Some claimants, while recovering from their injuries, require help or support from friends or family to help them complete the tasks the claimant would normally be able to do themselves. The costs for this help, support and care can be claimed back as well.
- Loss of earnings: If, after your accident, you need to take time off of work (and your employer only covers statutory sick pay) or you need to take time off to attend medical appointments, then you can claim the lost earnings back as part of your claim and, if your injury means you have to change job because your injuries prevent you from completing tasks required for your job, then you could claim for potential future lost earnings as well.
Each of these elements will be considered on their own merits by Legal Expert before making any claim. It is a good idea to keep receipts or bank statements when claiming for personal expenses as we will be able to add these to the portfolio of evidence that we will provide to your landlord’s insurance company.
Calculator for slip, trip, or fall claims against a landlord or tenant
Some websites advertise personal injury claims calculator but it’s not as straightforward as that as, from our many years’ experience, we know that every single accident and injury is unique.
We have however provided the table below which shows the types of injuries that can happen and the range of compensation payments possible:
|Injury Type||How Severe Was The Injury||The Range Of Compensation Amounts||Further Notes|
|Back Injuries||Moderate||£21,100 to £29,475||Back injury including a wide range of symptoms that will lasting discomfort and pain.|
|Back Injuries||Severe||£29,475 to £53,000||Severe back injury which might be breaks of the discs and/or other vertebral bodies..|
|Knee Injuries||Serious||£53,000 to £73,125||Knee injury, for example disruption to the knee joint.|
|Knee Injuries||Serious||£39,625 to £53,000||Knee fractures and breaks, extending into the knee joint. These kind of knee injuries will cause lasting discomfort and pain|
|Neck Injuries||Severe||£50,000 to £99,500||Neck injury, for example serious breaks and damage to discs of the spine. These kind of neck injuries lead to permanent disabilities.|
|Neck Injuries||Moderate||£19,000 to £29,250||More moderate neck injuries where there might be moderate fractures.|
|Foot Injury||Mild||Up to £10,450||Mild foot injury that might include non-permanent damage to to one or both feet.|
|Foot Injury||Moderate||£10,450 to £19,000||they kind of foot injuries could include loss of normal function in one or both feet but might be non-permanent damage..|
|Foot Injury||Severe||£31,900 to £53,200||The severest kind of injury to feet that might range from complete amputation of a single foot or both feet.|
|Leg Injuries||Moderate||£21,100 to £29,800||Leg injuries classed as moderate with knee damage causing muscle damage, and reduced mobility in the future..|
|Leg Injuries||Serious||£13,650 to £21,100||More serious leg fractures and soft tissue deterioration. Generally these leg injuries can be recovered from.|
|Leg Injuries||Moderate||£6,925 to £10,700||What may be described as simple leg injuries including simple fractures leaving no permanent damage.|
The ranges of compensation listed for the slip and falls at a rented property are used to differentiate between a slight injury (such as a bruise) to a severe injury (such as an amputation). We use medical records and specialist statements to prove the level of injury sustained by our claimants.
If your injury isn’t in the table then don’t worry as we have only shown a sample. If you can’t see your injury, then simply give us a call and we’ll be able to let you know what amount could be paid for you accident.
No win no fee claims for slips, trips, or falls in a rental property
There are still solicitors who charge their clients by the hour for their services whether they win any compensation for them or not and this can lead to stress and debt for the claimant in the event of an unsuccessful claim. It can also mean most of their compensation is lost to legal fees.
At Legal Expert we offer a no win no fee service called a Conditional Fee Agreement. This states that if we don’t win compensation then you don’t have to pay us anything at all and it also states how much (as a percentage or the compensation awarded) you will pay if we in win. This, we believe (and clients agree) makes the whole process stress free and completely fair.
Why Make Your slip or trip at a rented property claim with us?
Our team of specialist advisors and our personal injury solicitors have decades of experience between them and are experts in putting together the best possible claim for your accident. They know which information is relevant and always strive to get the best possible pay out for any client they represent and won’t simply settle at the first offer received if they don’t believe it fully compensates you for your injuries, pain and suffering.
In our experience we settle 99% of cases out of court and our clients prefer it this way but we would never rule out filing for a date in court if we believe an offer from a 3rd party is unfair and doesn’t represent proper compensation.
The team are all very dedicated, professional and friendly and won’t baffle you with legal jargon at all. They’ll speak in plain English and be available to answer any questions whenever you need them throughout the claim process.
How to contact our team
Now that you’ve seen how Legal Expert can help with your personal injury claim using our no win no fee service and you’ve read our entire slips or falls at a rented property guide then hopefully, you’re now ready to begin making your claim today. If so, you can get in touch with our friendly team by:
- Telephone: Call us free today on 0800 073 8804
- Live Chat: You can connect with a specialist advisor from any page on our website
- Claim Form: Fill in our simple claim form here
- Email: Send your message to email@example.com and we’ll respond swiftly.
Hopefully you’ve read everything you need to regarding slips and falls in a rented property and can now decide if you want to make a claim or not. If you need any more information, then you may find these further guides useful:
Slip accident claims – another of our guides covering the types of injuries involved in slips and trip accidents
Head injury accidents – a guide specific to head injuries and how much compensation can be awarded.
Compensation claims against landlord – a further guide about claiming against a landlord for other injuries (not just slip and fall accidents)
Bruising Guide – A guide, by the NHS, regarding bruising, what it means and how to treat it.
The Landlord and Tenant Act 1985 – The UK Government legislation for landlords
If there’s anything else at all that you may need to know regarding slips or falls at a rented property then please feel free to contact us as we offer free legal advice even if you aren’t ready to make your claim immediately.