In this article, we’re talking about injuries caused by builders who you may have, for example, instructed to carry out some work in your home. This one doesn’t apply to building sites as such.
So let’s say you instruct a builder or similar tradesperson to do some work in your home or perhaps you’re a business owner and work is being done on your premises – what happens if you are injured due to the negligence of the builder or trader? Whether you’re having a conservatory built or a carpet fitted, read on for your rights.
There can be many ways you could be injured due to a builder or a trader’s negligence. Commonly it can come down to either poor workmanship that causes an injury, or a failure to protect you when work is being carried out. We’ll split this in to two parts for the above.
Poor Workmanship
What happens if the handrail you have had fitted falls off the wall during use, sending you falling down the stairs? Or perhaps you step on to your new dream carpet and it slips from under you as it hasn’t been secured properly? What if your foot goes straight through some new flooring in a conservatory?
These are all things that can occur thanks to poor workmanship. Don’t get me wrong – things of course deteriorate over time, but if you’re injured shortly after work has been done and it’s down to poor workmanship or shoddy materials being used, you may have a right to claim against the builder or trader. Whether they’re a sole trade or a business, they should be insured by law. In fact, that’s one thing you should check before instructing someone.
The Supply of Goods and Services Act is the common law to cite when looking to make such a claim. When instructing someone to provide a service for you, there is an implied term in any contract between you and the trader that means the supplier will carry out the service with reasonable care and skill. In failing to do this, they may in breach of these regulations which gives you the right to make a claim for personal injury compensation if you’re injured as a result.
When it comes to any materials or goods supplied, the implied term is that the good will be fit for its purpose and of a reasonably expected quality. One thing I will say here is that the supplier can normally be held at fault – so don’t let a trader try and palm you off with the excuse that it’s a manufacturing problem. If they’ve supplied it, the law can hold them entirely accountable.
Winning a claim is often about proving that you have been injured due to poor workmanship. If the trader is happy to carry out work to such a poor standard, expect them to try and deceive you and perhaps even suggest you are at fault as well. To cover yourself, it may be worth speaking to a separate independent trader to assess the work and give an opinion. Take photos and video footage as well – it can help you a lot to be as thorough as possible when it comes to evidence.
Failure to Protect You
Building work is often fraught with danger – so builders and traders should take all reasonable steps to prevent someone being injured during the course of the work that is being carried out. This means that working areas should be cordoned off and any dangers, such as holes or sharp protrusions, should not be accessible to you. Your builder or trader should really advise you of such things and it’s normally best for you to keep away from the work area completely.
But if you step in to an unguarded hole, or trip over tools lying exposed on the ground, you may have a claim for personal injury compensation.
Making a Claim
I always recommend calling us on 0800 634 75 75 for help and advice immediately. Of course, seek the necessary medical attention first, but we can advise you on what steps you may need to take when it comes to evidence and reporting of the accident.
Our advice is free and is always on a no obligation basis, and we offer No Win, No Fee representation for claims as well.
You can claim for the cost of work to rectify the problem as part of a case, as well as claim for the injury.
