If you are injured in a basement fall, and if the fall was due to somebody else’s negligence, you may have legal grounds to file a claim for compensation.
Landlords Duty Of Care Towards Tenants
‘Duty of care’ is a legal term that is often used to explain an employer’s responsibilities towards their workers. This term can also be used to describe a landlord’s responsibilities to their tenants.
According to the law, landlords are responsible for putting reasonable measures in place to minimise potential risks to anyone occupying their premises. With regards to basement steps, the landlord must ensure that:
- The stairs are not too sloped or too narrow
- The stairs are properly maintained and not broken
- There is adequate grip protection to help prevent slips and falls
- The handrails are sturdy
- Their belongs are not cluttering the stairs or obstructing free passage to and from the basement
If your landlord fails in their duty of care and you have suffered a basement fall causing injury as a result of their negligence, you should consider exploring your legal right to claim compensation.
Can I Make A Basement Fall Accident Claim?
Making a claim for compensation against your landlord or other property owner may not be as easy as you might imagine. Even if they are clearly at fault for the accident, they are sure to counter your claim in court.
To make a basement fall accident claim, not only will you need to be familiar with the relevant laws, you must also know how to use any evidence that you have to put together a compelling case. It can take a good amount of legal knowledge and experience to be able to do this.
If you do not have any experience in this area, it is best to get an experienced personal injury solicitor to help you file your basement fall accident claim and represent you in court if it goes that far.
What Can I Claim Compensation For?
As with any other slip, trip and fall injury, you may be able to claim compensation for the following if you have been injured in a basement fall because of negligence:
- Pain and suffering.
- All medical expenses, from consultation fees to diagnostic tests, prescription medicines, surgery if required and any short or long term treatment such as physiotherapy.
- All traveling expenses associated with your medical treatment.
- Loss of income if your injuries forced you to stay home from work.
- Loss of perks such as bonuses or promotions that you forfeited from not being able to go to work due to your injuries.
- Loss of amenities if your injuries prevented you from participating in regular pastimes.
- Cost of any mobility aid that you had to purchase to help you with your daily life.
Legal Advice On A Basement Fall
Most personal injury solicitors now offer prospective clients a complimentary first consultation. This means you can contact solicitors and set up a free consultation which generally takes place over the phone, during which you can explain what happened and get solid legal advice about whether or not it is worth pursuing a compensation claim.
If there is strong evidence of negligence, the solicitor will do more than just advise you to go ahead with making a claim. They will also help you understand your rights, what you can claim compensation for and how the process works. If you have not heard about a No Win No Fee agreement, the solicitor will explain how it works and how you benefit from it.
In most circumstances a No Win No Fee agreement is pretty much self-explanatory. If the solicitor does not win the case on your behalf, you are not liable to pay any legal fees. If the solicitor wins the case and the court awards you compensation, you are liable to pay a percentage of it as the solicitor’s fee.
Evidence Towards A Basement Fall Compensation Claim
While your solicitor can work with other legal and medical experts to build a strong case in your favour, they will need certain things from you that can be used to show two things – that your injuries were caused by your fall down the basement stairs and that the accident was caused by the property owner’s negligence. Such evidence could include photographs of the basement stairs with shots that clearly show what caused the accident. Your doctor’s records will help prove that your injuries were caused when you fell down the basement stairs and not from any other accident.
In order to get reimbursed for actual expenses incurred due to the accident, your solicitor will also want receipts of all your medical expenses, travel expenses and cost of any mobility aids that you had to purchase, in addition to proof of income and proof of loss of bonuses or promotional avenues.
Time Limit For Claiming Compensation
There is generally a 3-year statutory time limit for filing accident compensation claims. This means you must file your claim within 3 years of having sustained the injury or within 3 years from the date that the injury was diagnosed. If you fail to file your claim within the time limit you may lose your right to any compensation. Accidents involving children will differ as they have 3 years from the date they turn 18.
This is another benefit of having a personal injury solicitor to represent you. With a solicitor taking care of your legal rights, it’s one thing less you need to worry about while you get some much-needed time to recover from your injuries. If you would like legal advice from a solicitor about a basement fall accident claim then please contact us today.