Falling through a ceiling is likely to be an unexpected but extremely dangerous accident. Numerous injuries can be caused which range from bruising to broken bones to brain injuries! If you have been the victim of such an accident, here is what you need to know!
Renting – The Defective Premises Act 1972
The act includes anything which is attached to the premises, which a ceiling clearly is, and sets out who is negligent in certain instances. This is normally a key law in proving that a landlord or an agency is liable for a claim for personal injury compensation.
What if I rent property and the landlord is responsible for the maintenance and repair of the property?
If your landlord is under an obligation to maintain and repair the property they have let, the landlord owes a duty to all those who might reasonably be expected to be affected by the state of the premises to take “such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect.”
The duty is owed if the landlord knew or ought to have known of a defect, problem, or hazard. A defective ceiling is likely to be something which ought to have been known about as it is usually the result of something else e.g. severe dampness, or recent damage.
EXAMPLE : Mr Smith rents a house from a landlord who was previously living in the property. A year ago, a leak from a missing roof tile weakened the already damaged ceiling of the bedroom but the landlord only repaired the roof and replaced the carpet. Six months after Mr Smith signed a contract to rent the property for a year. Six months later he fell through the bedroom ceiling, and into the room below. He can make a claim against the landlord and it is likely to succeed because the landlord knew about the defect. If he did not know the case becomes more complex as it would need to be proven that he ought to have known.
Failing to inspect a premises properly could also contribute to making a claim; but certain things are easier to spot than others.
