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Oct, 2014

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  1. #1

    Default Tenant suing LA for personal injury claim

    I was wondering what your opinions are on a tenant suing the LA & Landlord for slipping and 'injuring' his back.

    The LL has obtained the medical reports which apparently come back as inconclusive. Naturally I have instructed my solicitor to take care of this but I am curious if anyone else has had a similar experience?

  2. #2
    Join Date
    Oct 2009
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    5,025

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    My opinion? Made up claim to get some free cash.

    What did the guy reckon he slipped on?

  3. #3

    Default

    That's my thoughts exactally! Apartently slipped a fell down the garden at rear of house which slopes down

  4. #4
    Join Date
    Jul 2008
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    Yorkshire
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    24,592

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    Quote Originally Posted by Orchard View Post
    That's my thoughts exactally! Apartently slipped a fell down the garden at rear of house which slopes down
    Ridiculous. Presumably you had not sneaked in there and created the slope clandestinely one night just to catch him out?

    I hope his claim costs him a lot of money.
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

  5. #5
    Join Date
    Nov 2012
    Location
    Manchester
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    Have you heard any more about this potential claim?

    Going back a few steps I'm sure you are aware that injury alone is not enough. The tenant must prove that you have been negligent. Without knowing more, in simplistic terms, the tenant must show that the injury was caused by something which is dangerous, that you knew about, and should have fixed or dealt with.

    If you do not know about it you cannot be expected to fix / remedy it. Knowledge can come from you being specifically notified (tenancy agreements usually have a clause requiring the tenant to give you / your agent notice of any defects) There is potentially an an argument that if such a danger/defect was/ought to have been apparent on an annual / quarterly inspection then you could be deemed to know about it.

    However if he just slipped on a slope I cannot see this being considered a danger that ought to have been fixed or altered.

    Moving on to the injury, requesting copies of the hospital records and the report itself if always the first step.

    But overall I concur with the above in that this does not sound like a claim that has much chance of success on the fact given above.

  6. #6
    Join Date
    Mar 2009
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    8,987

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    Good points Phil: Welcome to LLZ!!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  7. #7
    Join Date
    Feb 2005
    Location
    Hampshire
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    Tenant cannot normally take action against the agent as there is no contract between the two and a court will usually dismiss any claim from the tenant. The landlord is the only possible person against whom to take action.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

  8. #8
    Join Date
    Nov 2012
    Location
    Manchester
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    Quote Originally Posted by theartfullodger View Post
    Good points Phil: Welcome to LLZ!!
    ......
    Thanks

  9. #9
    Join Date
    Nov 2010
    Posts
    5,365

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    All garden paths should be painted bright yellow with special, extra-grip paint. In addition, each entrance of the path should be announced with a large, bright yellow, lit, heated, notice.

    There is potentially an an argument that if such a danger/defect was/ought to have been apparent on an annual / quarterly inspection then you could be deemed to know about it.
    But so would the tenant, then, wouldn't he?
    In such a case, wouldn't he have walked on a path that he knew was slippery without taking due precautions?

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