A recent client of Bartletts Solicitors was Mr D, an elderly tenant, who was injured when he tripped on a carpet tile in his living room that was loose because it was not glued down properly. Mr D’s toes became stuck in the ridge of the carpet as he walked across it, and he fell forwards and landed awkwardly, breaking his wrist and tearing muscles in his shoulder.
Mr D had only moved into the rented property a week before, and his daughter had informed the landlord’s agent about the problem with the carpet and the possible danger it posed when she viewed the flat on father’s behalf. Mr D was treated in the accident and emergency department at his local hospital and did not regain full mobility in his wrist and shoulder for more than 10 weeks, during which time he needed the assistance of a carer to help him perform basic daily tasks.
Our Legal Advice
Mr D’s daughter got in touch with our firm, and asked us; is the landlord to blame for loose carpeting causing an accident? We advised her that her father had strong grounds for suing the property owner / landlord, on the basis that they were responsible for having installed the carpet, and hence for the accident and injuries that the loose carpet tile had caused.
Landlords have a legal duty to provide accommodation that is reasonably safe for tenants to live in, and in this case it was clear that the problem with the carpet tile pre-dated Mr D moving into the property. Furthermore, Mr D’s daughter had expressed her concerns about the state of the carpet to the landlord’s agent, yet on action had been taken to repair the defect. We were able to win an admission of liability from the landlord’s insurers relatively quickly in this instance, and Mr D received £2,750 in compensation for tripping on the loose carpet tile, as well as an additional sum to cover the cost of the medical care he required while recuperating.
Landlords’ Responsibility for Safety of Carpeting
Damaged carpeting and carpet tiles can pose a safety hazard for all occupants of a rented property, particularly for elderly tenants and those with mobility issues. Badly worn and ripped carpeting can cause tenants to trip and fall, while exposed carpet tacks may cut and pierce feet. If carpet tiles come loose, the floor surface may be uneven, creating a tripping hazard. When carpeting presents a danger of this kind, the landlord will be obliged to replace it in a timely manner as soon as it is reported to them by the tenant.
Carpeting may also pose a health risk due to its sanitary condition, although such cases are rare and the landlord will not be responsible for replacing carpets that are dirty, tatty or threadbare, but which do not represent a safety hazard or health risk, unless the lease specifically says so. In extreme cases, damaged carpeting can make a property uninhabitable, and in that situation the tenant will need to contact their local authority and arrange an inspection, after which the landlord can be forced to deal with the disrepair and potentially compensate the tenant.
Our Experience With Accidents at Home
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.
The Claims Process
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.
Your Compensation
Compensation will pay for private healthcare treatment. It will also cover:
- Physiotherapy
- Psychological therapy
- Expenses (such as the cost of travel to hospital appointments)
- Loss of income
- Household adaptations
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.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
