£4,600 awarded in Injury claim against landlord

Circumstances

The claimant was a 28 year old tenant of the defendant Housing Association. She was walking down stairs within the rented property when she fell. She was caused to fall by the stairs being defective and effectively collapsing. The claimant fell down the remaining half a dozen or so steps sustaining injury.

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Case details

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Liability

Liability for the defective step was admitted by the defendant but the amount of the claimant's claim for compensation remained in dispute.

Injuries and Progression.

The claimant was pregnant at the time of her fall. She suffered a worsening of her back pain over and above what she was suffering from her pregnancy. She also her whiplash type symptoms to her neck and general bruising. Fortunately there were no other ill effects in respect of her pregnancy.

Pins and needles radiating from the claimant's back caused sleepless nights. The claimant was expected to recover to her pre-accident level of symptoms within 12 months.

Negotiations

The claimant's solicitors and defendant's insurers entered into meaningful negotiations to try reach an amicable settlement in respect of the claimant damages. After extensive negotiations an agreement could be reached.

Court Proceedings

In view of negotiations breaking down the claimant was advised by her solicitors to commence legal proceedings in the county court to have the court assess her compensation. The claimant duly issued court proceedings against the Housing Association in the county court. The matter had to proceed through several procedural steps before reaching a final court hearing.

Final Hearing

The District Judge heard evidence from both parties and was also referred to appropriate case law with similar cases where compensation had been assessed by the courts. The Judge awarded the claimant the sum of £3,000.00 for her pain suffering and loss of amenity when the case was heard in 2000. The present value of the award is now in the region of £4,600.00

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.