Can I claim compensation for an accident or injury at home?

Accidents are statistically more common at home than in any other setting. Injuries can range from falls, cuts, or burns to more severe injuries like carbon monoxide poisoning due to faulty appliances.

If your life, or the life of a loved one, has been affected by an accident at home we can help.

There are circumstances when another party can be legally responsible (liable) for you sustaining an injury in your home. You might, for example, have been injured by a defective product or in unsafe rented accommodation.

You can make a No Win, No Fee compensation claim for an accident at home with the help and support of a personal injury solicitor.

With 2.7 million accidents at home each year, you are not alone

Royal Society for the Prevention of Accidents (RoSPA) data shows that there are more accidents in the home than in any other setting.

ROSPA research has shown that accidents in the home are responsible for an estimated 2,700,000 hospital visits, and almost 4,000 deaths. The cost of home accidents is estimated to be £45.63 billion (rospa.com).

If you decide to make an accident at home claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

How much compensation can I claim for an injury at home?

Your compensation for an injury at home or someone else's house depends on:

• the severity of your injury,
• the ways in which your injury affects your daily activities and job,
• the costs or financial losses you?ve experienced due to your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include lost earnings, bonuses and overtime, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as diagnostic imaging tests, physical therapy and surgical intervention.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Who would I make a claim against?

When making a home injury claim, your solicitor must demonstrate that the responsible party (the defendant) owed you a legal duty of care, and that your injury was a direct result of their negligence.

A duty of care is when a person, company or organisation has a legal obligation to safeguard the well-being of others. Employers owe a duty of care to their employees, road users owe a duty of care to other road users, and doctors owe a duty of care to patients.

Establishing whether there was a breach in a duty of care that led to your accident will depend on the circumstances.

Who would I make a claim against?

Accidents caused by a defective product

Defective or faulty products are products that are not fit for purpose. You might be injured directly or by an accident such as furniture collapsing, tools with defective electrics or safety guards, or unsafe toys.

If you are injured at home as a result of a defective product, it is important to keep the item for inspection. If it is safe to do so, you should keep the defective item even if it appears to be damaged beyond repair.

The item may need to be examined to prove it is faulty. Without the defective item, you may not be able to claim.

Try to find receipts or other documents related to the item if you have them, and take photos of the item in its current state. Keep any photos of the item in your house dating before the accident too.

Accidents caused by sub-standard workmanship

Sub-standard work carried out in your home, such as poorly fitted windows or stairs, electrical wiring or badly fitted built-in appliances, can all lead to injury.

Make sure you:

• Avoid the unsafe area or hazard
• Take photos of the faulty work carried out by the tradesperson
• Take action to ensure the house is made safe. For example, if you have had faulty electrical work carried out, get a qualified specialist to inspect and repair the damage. Ask the specialist to document the reason for their work, e.g. "to repair faulty wiring".
• Notify the parties responsible for the sub-standard work

Your home insurance company can help with the cost of repairs and damage to possessions. The insurer can help remedy the immediate property damage, and their investigations may also support your compensation claim.

Accidents caused by landlord negligence

Landlords have a duty of care to their tenants. Accommodation must be properly maintained and safe for the occupants to live in. This duty of care applies to all landlords, including private landlords, letting agents, housing associations, local authorities and universities.

Typical claims against landlords include:

• respiratory illnesses from damp and mould claims
• faulty boiler carbon monoxide claims
• electrical injury claims
• scalds and burns from defective hot water systems
• housing disrepair claims
• trips on loose floorboards, staircases and bannisters

If you have suffered an injury because of a landlord's negligence, the following steps will assist your case:

• Take photographs of the damage or poor maintenance which caused the accident.
• Make a note of when you first reported it to your landlord, how many times you reported it, and what the landlord's response was.
• Contact your landlord to confirm you have now been injured as a result of this damage and request again that they rectify it.

Accidents at someone else's home

If you are injured when visiting another person's home, a claim may be possible against their home insurance.

If the injury resulted from a defective product or faulty workmanship on the part of a negligent tradesperson, you should be able to claim directly against the party responsible without prejudicing the homeowner.

What is there were no witnesses?

Domestic accident claims can be complex, especially if there are no witnesses to corroborate your account. However, personal injury solicitors have expertise in gathering evidence and building a robust case, even when the initial prospects of a claim seem limited.

See also:

Can I claim injury compensation if there were no witnesses?

Caring and sensitive support

Your solicitor will handle your injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

• Financial support: interim payments while you are unable to work.
• Advice: on personal injury trusts, tax and welfare benefits.
• Coordination: with rehabilitation providers and therapists.
• Access: to treatment and therapies not always available on the NHS.

What caused your home injury?

Claiming compensation depends on the circumstances of your home injury. Click the icons below to learn more:

Work accidents Public places Road accidents Other accidents

Sources

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.