Tenant has fallen down the stairs and sustained injuries?

Tenant has fallen down the stairs and sustained injuries?

12:26 PM, 5th July 2022, About 2 years ago 24

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Hi, I’m looking for advice as one of my tenants has today messaged saying they have fallen down the stairs in my rented property. They haven’t advised how/what caused them to fall down, but here is their message

“I need to let you know, I went head 1st down the stairs at half 12 last night, I have bruised my left hip and thigh, my neck hurts at the back and I’m sure I have cracked a couple of ribs on my right side so I am in total agony”

They have told me they haven’t gone to hospital as they have been told by their GP will just need rest

I’m panicking about liability etc

The properties carpet is in good order as am there anyway at present doing a room up downstairs

It does have an inch from Skirting cut off to gloss but this isn’t a cause of the fall

What advice or steps would people recommend?

Andrew


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N&D Properties

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14:41 PM, 6th July 2022, About 2 years ago

Dear Andrew

I wouldn't worry about the tenant making a claim. As long as you have checked the stairs (take pictures) and are sure none of them constitute a trip hazard, the fact they seem to have absolutely no independent medical evidence would make it impossible for their claim to succeed.

Kate Mellor

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20:36 PM, 6th July 2022, About 2 years ago

You are insured to cover any accidents and injuries which occur on your property. The insurer may not be liable if they can prove some type of contributory negligence (such as drunkenness by the tenant), but that’s not going to come up unless the tenant admits it. Accidents happen with regularity and that’s why we as homeowners have this coverage. If the tenant has to take time off work to recover it may be in your interest for them to make a claim if it means they can pay their rent. Any pay-out will be modest and commensurate with the loss occasioned by the tenant taking unpaid sick leave. Any big claims will need to be backed by medical evidence and insurers are big on challenging big claims, so I wouldn’t lose any sleep over this! Whatever happens will have very little impact on you, if any at all.

Dylan Morris

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11:51 AM, 7th July 2022, About 2 years ago

I assume you had an independent professional inventory carried out (ideally with photos) when tenant moved in confirming all was in order. And if there’s been no prior notification from tenant that there’s any repairs needed to carpet or handrail then you’re well in the clear here in my opinion. I’d just text back saying sorry to hear about the incident and if there’s any way you can help please let me know. Sounds to me like tenant is a bit shook up about it and to be fair tenants do communicate strange things sometimes. My landlord friend had a text a few months back from tenant saying a dog had fouled on the front garden and did he know of anybody in the area that kept dogs and whose dog may have done it !! I don’t want to be rude but tenants are tenants for a reason.

DPT

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16:36 PM, 7th July 2022, About 2 years ago

Is there a handrail? Are the stairs safe? I think I'd get round there to check on the tenants health, but take a witness and a camera to check the stairs.

Chris100

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8:35 AM, 9th July 2022, About 2 years ago

What evidence is there that this accident happened at all and, if it did, that it happened on your property?
The injuries, if any, could have happened at 'throwing out time' or a ski trip etc.
Not sure how to prove a link with your property.

Seething Landlord

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9:05 AM, 9th July 2022, About 2 years ago

Reply to the comment left by Chris100 at 09/07/2022 - 08:35The evidence is the tenant's statement. Whether it is credible is a matter ultimately for the judge to decide after the tenant has been cross-examined before him (if it ever gets that far).

Mike

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11:59 AM, 9th July 2022, About 2 years ago

I once walked straight into a glass door that was so clean and clear, it was as if there was no barrier, I hit it with quite a force and immediately my nose started to bleed profusely, my white shirt became red, instead of suing the company I turned and went back to my car and took some tissues and stopped my nose bleed, wiped my face etc, and came back to my own work place, where my boss was horrified by my appearance, but I rest assured him that it was fine, I admitted for being a prat and careless, negligent, that is how your tenant who fell down the stairs is, he is complete idiot, careless, negligent, just like me. So don't worry every two story house has stairs, and if an occupant takes a fall, it is he who is negligent and deserves no more sympathy for being an idiot like me. There will be no case to answer.

PH

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14:39 PM, 9th July 2022, About 2 years ago

Reply to the comment left by Mike at 09/07/2022 - 11:59
My grandad did exactly the same as you many many decades ago but he had his pipe in his mouth at the time ... hilarious and serious at the same time but he did exactly as you...brushed himself down and got on with life.
I don't see the tenant as having grounds to claim especially with no medical records of the incident, if there was actually an incident .

Seething Landlord

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18:51 PM, 9th July 2022, About 2 years ago

Reply to the comment left by Mike at 09/07/2022 - 11:59
Not everybody takes that view. Why do you think that supermarkets started to have patterns and and other standout features on their plate glass doors? Because customers had made claims which were upheld by the courts and paid by their insurers who then insisted on precautions being taken. Please don't assume that what you would regard as common sense will prevail in these situations.

Andy

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21:05 PM, 9th July 2022, About 2 years ago

Hi everyone

Thank you for all the replies and views

I’ve since gone round to the tenants and spoke with them and also the daughter

She explained she had stepped down from bedroom and lost her balance and then fell down the stairs

I’ve explained I need to do
an Accident report as a bit of proof to sort of avoid any questions and she’s
happy to sign the statement and I’ve taken loads of photos showing the state of stairs and landing for proof

I was probably worrying to much but it is my future income so was just cautious

Appreciate everyone’s response

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