Landlords and private home owners have a legal duty to ensure that their properties are reasonably safe for visitors, and that all fixtures at the property, including roofs, are properly maintained. When a tile falls from a private property causing an injury or damage, the person or people responsible for the maintenance of the property can be held responsible, and it will be possible to claim compensation from the owner-occupier or landlord's insurance policy. Otherwise a housing association or local council may be responsible for disrepair and poor maintenance which has resulted in tiles falling from roofs, and in these circumstances, it will also be possible to make a claim.
Commercial organisations including shops, restaurants and hotels have a legal duty to ensure that their premises are reasonably safe for visitors and that all fixtures at the property, including roofs, are properly maintained. Private companies must hold public liability insurance to protect them in the event of a visitor to their premises getting injured. Were a tile to fall from a roof in a pub beer garden, for example, striking a customer on the head and injuring them, the pub’s owner or occupier would be responsible and compensation would be paid out under the terms of their public liability insurance policy.
Our specialist personal injury solicitors have dealt with a number of cases on behalf of clients injured by falling tiles during windy conditions. Insurance companies occasionally dispute compensation claims for damages on the basis that it is impossible to protect against very strong winds, or else they may seek to blame a third party for the accident. For these reasons it is important to seek advice from solicitors like Bartletts with the necessary experience and expertise in both personal injury and housing law.
Mr H was injured as he was walking down his local town’s high street when strong winds caused a sign outside a shop to become detached and fall, striking him on the shoulder and cutting his ear. He was in considerable pain following the accident, and could not raise his arm above waist height. The friend Mr H was with at the time took him to A&E where he required four stitches in his ear, as well as medication for pain and cortisone (steroid) injections to treat torn rotator cuff muscles and tendons in his shoulder. Mr H had to take two weeks off work to recuperate, and being self employed lost potential earnings during that time. He also required physiotherapy treatment for a further three months before he fully regained strength and mobility in his shoulder.
Mr H decided to seek legal advice after the shop’s owners refused to accept any form of responsibility for the accident. Bartletts agreed to take on his claim on a no win no fee basis and wrote to the shop’s owners, stating that they should have been aware that the sign was insecurely fastened on the day of the accident, and given the high winds that day it was reasonably foreseeable that it could be blown off and strike someone walking below. Shops are responsible for the safety of their premises, both inside and out, and in this case the owners had negligently failed to maintain the exterior of their shop in a safe state. On admission of liability Mr H received a total of £4,750 in compensation reflecting pain and suffering from his injuries, as well as loss of earnings due to time off work.
We have won a variety of cases for clients who have been injured at rented properties, ranging from a claim on behalf of a tenant who fell down poorly lit communal stairs, to a claim on behalf of a child who was injured by discarded building materials at a rented property.
Claiming with us is easy. Get a free no obligation initial consultation about your case, your rights, and our no win no fee agreement. All information can be taken over the phone. Medical treatment is local to you. We aim to keep the claims process short by keeping claims out of court. If your claim does need to go to court it is unlikely that you will need to attend court, as cases settle before the final hearing.
Compensation will pay for private healthcare treatment. It will also cover:
Expenses (such as the cost of travel to hospital appointments)
Loss of income
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.