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Property owners and occupiers have a duty to take reasonable care to ensure the safety of lawful visitors to their premises, and failure to do so can lead to serious accidents and personal injury claims. Where accidents occur because of defective decking, unsafe steps or poorly maintained structures, injured individuals may be entitled to pursue compensation.
A recent occupiers’ liability claim handled by our team highlights the importance of maintaining residential properties and the far-reaching impact an unexpected accident can have on an individual’s health, employment and financial wellbeing.
The Incident: Defective Decking Collapse During Property Viewing
Our client was employed on a part-time basis by an estate agency and was conducting a viewing for prospective purchasers of a residential property.
The prospective buyers had already viewed the property once and had submitted an offer. During a second viewing, they asked to inspect a garage situated at the rear of the property, which was accessed via a decked area and wooden steps.
After accompanying the prospective purchasers to the garage and allowing them to look around, our client stepped back onto the decking area. Without warning, the structure beneath her gave way and collapsed. She fell through into a concealed void below.
The defect was not obvious, and the collapse occurred suddenly, leaving our client unable to avoid the fall.
Shoulder Fracture and Ongoing Employment Impact
Following the accident, our client was taken to hospital where she was diagnosed with a displaced fracture of the humeral head in her right shoulder.
The injury caused significant pain, restricted movement and considerable disruption to her daily life. She required medical treatment and a period of rehabilitation and recovery.
As the injury progressed, our client continued to experience restrictions in the movement and function of her shoulder. The physical demands of her role meant that these symptoms had a direct impact on her ability to perform her work duties. Ultimately, because of the ongoing limitations caused by the injury, our client felt unable to continue in her employment and resigned from her role, bringing an unexpected end to that stage of her career.
The consequences of serious shoulder injuries can extend far beyond the initial pain and inconvenience of an accident. They can affect a person’s ability to work, undertake household tasks, drive, care for family members and participate in hobbies and recreational activities.
Liability Was Firmly Denied
Liability was firmly denied by the property owners throughout the case. The circumstances surrounding the accident were disputed and significant factual issues arose regarding how the incident occurred and responsibility for the condition of the decking structure.
As is often the case with occupiers’ liability claims, careful investigation was required to consider:
- The condition of the decking and steps at the time of the accident;
- Whether the defect ought reasonably to have been identified before the incident;
- Whether adequate inspection and maintenance had been carried out;
- The extent of any deterioration of the structure; and
- Whether reasonable steps had been taken to ensure visitors could use the premises safely.
Despite the disputed facts and continued denial of responsibility, the evidence gathered throughout the claim enabled a strong case to be advanced on our client’s behalf.
Occupiers’ Liability and Property Owner Responsibilities
Under the Occupiers’ Liability Act 1957, occupiers have a duty to take reasonable care to ensure that lawful visitors are reasonably safe when using their premises for the purposes for which they have been invited or permitted to be there.
This duty extends not only to social visitors but also to individuals attending a property in a professional capacity, including estate agents, contractors, tradespeople and prospective purchasers.
Where a dangerous defect exists and causes injury, an occupier may be liable if they failed to take reasonable steps to inspect, maintain or repair the premises.
Five-Figure Settlement Achieved Despite Liability Denial
Despite the owners’ robust denial of liability and the disputed facts, the claim was resolved through negotiation. The claim was settled without any admission of liability.
Our client secured a five-figure settlement, reflecting both the injuries she sustained and the financial consequences that flowed from the accident.
The settlement recognised not only the pain and difficulties caused by the injury, but also its impact on her ability to continue working.
The settlement took into account:
- Pain, suffering and loss of amenity;
- Loss of earnings;
- Medical and treatment expenses; and
- Travel expenses incurred as a result of the accident and subsequent treatment.
What Our Client Said
“Chris always responded to any questions I had immediately and in a manner in which I could understand. I believe my claim was successful due to Chris’s first-class communication skills. I would definitely recommend him.”
ReviewSolicitors
Key Takeaways
This case demonstrates that serious injuries can arise from defects on residential property and that substantial settlements can be achieved even where liability is strongly contested. It also serves as a reminder that compensation is not confined to the injury itself. A successful claim may include recovery for loss of earnings, medical expenses, travel costs and other financial losses arising from the accident.
Claims arising from defective decking, unsafe steps and dangerous property conditions can be complex, particularly where liability is disputed. However, with the right evidence and legal representation, injured visitors may be able to recover compensation for their injuries and associated financial losses.
How We Can Help
If you have been injured in an accident that was not your fault, whether at a private property, business premises or public place, our specialist personal injury solicitors may be able to help you pursue compensation.
If you have any questions regarding this case or need to speak with one of our specialist personal injury solicitors, please email online.enquiries@la-law.com or call 0344 967 0791.
