Child Injured at Home? Get Free Legal Advice
Compensation for Injuries to Children Caused by Disrepair
Housing disrepair poses a greater risk to children than it does to adults, as the former are generally less aware of possible dangers in their surroundings, and are more likely to injure themselves as a result. This particularly applies to communal areas in blocks of flats and similar residential properties, which children will often be able to access unsupervised. The maintenance and safety of common areas can be the responsibility of the property freeholder, whether an individual or company, and may be handled on their behalf by a property management company. In many cases however, multiple owners of flats in a particular building will share joint responsibility for the upkeep of communal areas.
- Who is Responsible for the Safety of Communal Areas?
- Contractors Must Clean and Maintain Premises Safely
- Solicitors Claiming Compensation for Children Injured at Rented Properties
- Case Study: Child Injured by Building Materials Left at Property
- Children’s Accident Claims and How They Work
- The Claims Process
- Your Compensation
Mr and Mrs J got in touch with our firm for advice, and subsequently decided to proceed with a no win no fee compensation claim against their landlord (minors must be represented by adults in order to make a claim). The central point we made to the landlord and their insurance company was that when tenants move into rented accommodation they have the legal right to expect that the landlord will have left the property in a reasonably safe state. In this instance, the discarded building materials in the grounds of the property represented a clear hazard, particularly given the presence of two young children. Had the landlord taken action when informed about the issue, instead of ignoring it, the accident could also have been prevented. We were able to secure an admission of liability before the matter reached the court stage, and a compensation settlement of £4,500 was agreed.
Firstly, they require an adult (this will usually be a parent) to act on their behalf. In the eyes of the law anyone below the age of 18 is a minor and must be represented by an adult who has close contact with the child. The adult must act in the child’s best interests at all times.
Secondly, the child has three years from their 18th birthday to bring a claim, not three years from the date of the accident, which is the case with an adult’s personal injury claim. For example, if a child aged five was involved in an accident at home, that child would have until their 21st birthday to pursue a personal injury claim.
As solicitors, we must proceed with caution when dealing with a child’s case to ensure that they are fully compensated for their injury. A child’s claim cannot be settled until the child has fully recovered from their injury. If the child has sustained a permanent injury then a final medical report must be obtained confirming this prior to settlement of the claim.
Once settlement has been agreed between the parties, a short hearing must take place at court for a judge to approve the settlement. Again, this is to ensure that the child is being fully compensated for their injury. This hearing is known as an “infant approval hearing” and usually lasts for no longer than 10-15 minutes. The injured child must attend the hearing along with their adult representative.
Following approval by the court, the child’s compensation will be placed in a high interest account and released to the child on their 18th birthday. If the child needs their compensation prior to their 18th birthday, whether in whole or in part, then an application must be made to the court. The court will usually only grant such a request if the money is needed for educational or employment purposes, e.g. to purchase a computer, college/study materials or maybe even driving lessons. This request can be made at the infant approval hearing or any date prior to the child’s 18th birthday.
The amount of compensation you receive will depend on the severity of your injuries and the likelihood that you’ll make a full recovery. We’ll seek expert opinions on what care you’ll need to ensure that the compensation we claim will be sufficient.
Why Choose Bartletts Solicitors?
Solid Traditional Values Delivered
in a Modern Convenient Manner
Every year we help over a thousand injured people make claims for compensation on a no win no fee basis. Many are tenants claiming against their landlords.
We help tenants claim for personal injury, such as slips, falls and injuries caused by unsafe structures.
Our service is designed to be easy to use: meetings by phone & email, local medical appointments, sign documents online, or visit our city centre offices.
Our solicitors are very experienced having worked at the firm for an average of 18 years.
Housing Law Team:
Call now for your free consultation. We guarantee you a warm welcome and a lawyer with the expertise that you would expect from a leading housing law firm.
Accident Claims Caused by Disrepair We Have Won:
- Slips and Trips on Unsafe Steps
- Injuries From Defective Home Appliances
- Trips on Damaged or Loose Carpeting
- Injuries From Collapsing Ceilings
- Dangerous Fixtures and Furnishings
- Slipping Accidents at Rented Properties
- Accidents in Communal Areas
Accident and Disrepair Topics:
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Bartletts is proud to support a number of public bodies and charities, including Liverpool Cathedral, National Museums Liverpool, the Walker Art Gallery and Zoë’s Place Baby Hospice. You can find out more on our blog or on social media.
“I was delighted Bartletts Solicitors continued their tradition of philanthropy with Liverpool Cathedral this year. Thank you so much for your generous gift.” - The Dean of Liverpool, The Very Revd Dr. Sue Jones (Dec 2020)