Claims For Slips, Trips Or Fall Injuries At A Rented Property – Can I Claim? How To Claim Compensation?
By Stephen Frost. Last updated 16th August 2021. Welcome to our guide on injuries at a rented property, including claims for slips, trips or falls. 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?
- Time limits for slip, trip or fall claims
- 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
- Claims for slips, trips or fall injuries at a rented property FAQ
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 could potentially lead to a personal injury claim using our No Win No Fee service. The service can be provided when it is possible to prove that the accident occurred due to negligent behaviour by the landlord running the rented property.
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.
This guide also explores the specific ways a slip, trip or fall accident could occur in different sections of a rented property building. This includes potential issues around external areas which could lead to injuries at a rented property. We’ll also talk about what duty of care landlords owe towards tenants currently renting their property.
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 the 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 the 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 has years of experience making claims for unsafe conditions in a rental property and similar claims related to 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 broke 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 floorboards 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 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 symptoms 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 the 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 your 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 travel 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.
Time limits for slip, trip or fall claims
If you are considering starting a claim against a landlord or other third party for injuries at a rented property, then you may have questions about how much time you have for such a claim. Under the Limitation Act 1980, the usual time limit for starting a personal injury claim is three years from the date your injuries occurred. If it wasn’t possible to identify your injuries until some time after the accident which caused them, then the three-year limit applies from the date they were confirmed. This particular day may be referred to as the ‘date of knowledge’.
Under certain circumstances, the way the time limit works for a personal injury claim may be changed. If a child is harmed at a rented property, then the three-year time limit for claiming does not activate for them until the day they reach their 18th birthday. Prior to their 18th birthday, a child cannot start a claim on their own, but one could potentially be started on their behalf by a representative. This representative, which could be a parent or guardian, is formally known as a litigation friend.
A similar exception to the time limit applies if the injured party lacks the mental capacity to act on their own behalf. If the injured party recovers enough mental capacity to act independently at some point, then the three-year time limit for claiming will start from this particular point. Again, a litigation friend may be able to claim on behalf of someone who currently lacks the mental capacity to start a claim on their own.
Calculator for slip, trip, or fall claims against a landlord or tenant
Some websites advertise personal injury claims calculators 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:
|Back Injury||Severe||£36,390 to £151,070|
|Back Injury||Moderate||£26,050 to £36,390|
|Knee Injury||Severe||£24,580 to £90,290|
|Knee Injury||Moderate||Up to £24,580|
|Neck Injury||Severe||£42,680 to in the region of £139,210|
|Neck Injury||Moderate||£7,410 to £36,120|
|Foot Injury||Severe||£39,390 to £65,170|
|Foot Injury||Moderate||£12,900 to £23,460|
|Foot Injury||Modest||Up to £12,900|
|Leg Injury||Severe (Without Amputation)||£90,320 to £127,530|
|Leg Injury||Moderate||£26,050 to £36,790|
|Leg Injury||Less Serious||£8,550 to £26,050|
The compensation brackets included in the table above are based on those featured in the latest Judicial College guidelines. During a personal injury claim against a landlord, solicitors may make use of these brackets to help work out the value of your injuries.
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 your 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 (CFA). 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 of the compensation awarded) you will pay if we 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 payout 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 almost all of the cases we take on out of court and our clients prefer it this way. However, 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 a landlord – a further guide about claiming against a landlord for other injuries (not just slip and fall accidents)
Personal Injury FAQs – discover the answers to some commonly asked questions about personal injury claims.
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.
Claims for slips, trips or fall injuries at a rented property FAQ
In this final section of our guide on injuries at a rented property, we’ve included answers to some frequently asked questions regarding this subject.
What happens if someone gets hurt on your rental property?
If someone is injured within rental property you own, then what could happen next will depend on the circumstances of the accident. The injured party may be entitled to legal action, but only if they have evidence which shows that negligence on your part contributed to their accident.
Can you sue a landlord for emotional distress?
It may be possible to claim compensation from a landlord for psychological injuries such as emotional distress. You will, however, need to establish with evidence that your emotional distress (and/or other injuries) can be diagnosed and that it’s directly linked to action or inaction taken by a landlord.
Does a landlord owe a tenant a duty of care?
Under the Defective Premises Act 1972, landlords owe their tenants certain duties of care. They include a duty to take reasonable action to prevent personal injury or property damage caused by defects in property they own. This duty is owed to a landlord’s tenants as well as their family members and any visitors to property a landlord owns.
Thank you for reading our guide on injuries at a rented property.