A resident of a council-owned property noticed a leak in her bathroom sink and found that the basin had a large crack across it. She asked the Council to have a look at it and see what could be done to fix it.
A plumber was reportedly sent out to check the bathroom sink, and a little work was carried out on the unit. However, when the claimant pointed out the crack that ran all the way across the sink basin, the plumber ran his fingers along it and identified it as a ‘surface crack’ and suggested there was no need for repair and that no one will be sent out to fix it.
This error led to the claimant suffering injury thereafter.
For the next few months leading up to the accident, around six different inspectors and workman had reportedly visited the bathroom for various checks and repairs, and all of them would be reasonably able to see the crack, yet none of them reported it back to the council.
One day, the resident was in the process of cleaning her bathroom and reached around the sink to clean behind it. The sink basin cracked in half and fell, lacerating her upper arm on its way down.
The open wound measured around six inches in length and split by two inches in width – so we’re talking about a serious laceration here. Around 11 stitches were needed under local anaesthetic at a local hospital.
Pain and inconvenience
With lacerations as bad as this, the inconvenience caused to the injured person is often similar to any muscular injury that limits a person’s ability to function normally in their day-to-day life. Help with things like simple household chores (cooking, washing, cleaning and shopping) is often needed, and partners or friends and family may need to step in and help.
Two months after the accident, the claimant was still left with a long red scar.
Council tried to avoid liability…
When the claimant notified the council of the shattered sink and her injuries, they denied any prior knowledge of it and suggested they couldn’t have done anything to prevent the injury from happening. The claimant was understandably distressed at their suggestions given the history of what had happened.
To hold the council accountable for their negligence, the claimant sought help from a specialist injury law team – which is why she contacted us – The Injury Lawyers.
Why we accepted the case
We looked into the circumstances of the case and accepted the claim. We asked the council to admit liability and compensate the claimant for her injuries.
We put forward a multitude of allegations as to why the council was at fault, which included:
| Failure to take reasonable steps to ensure the claimant was safe from defects in the Council owned property. |
| Failure to employ a reasonable and effective system of inspection and maintenance. |
| Failure to repair the defect in a reasonable time frame. |
| Allowing the premises to fall into a state of disrepair. |
| Exposing the Claimant to a foreseeable risk of injury. |
| Permitting the Claimant to continue living and using the premises whilst it was unsafe to be near the hazard. |
| Failing to employ signs or warnings given the danger. |
The Council tried to deny liability again but we gathered our evidence and pushed hard to fight for the rights of our client. The council rightfully backed down and offered to settle out of Court, proposing £3,500.00 in compensation. We believed the claim was worth more so we negotiated for a higher settlement, and eventually agreed £4,500.00, which our client was happy to accept.
Even though the claimant was not financially motivated, she was pleased that the council was held accountable and that they were punished for their negligence. At the end of the day, it could have been worse, and the injured person could have been a child.
This is why it’s important to make organisations accountable for negligence.
If you have any queries about a potential claim of any kind, call our claims team free from a landline or mobile on 0800 634 7575. We will talk you through your claim and, if accepted, make sure that you receive the most compensation possible to give you peace of mind and help ease any financial worries you might have suffered as a result of your injury.
Image Credit: https://pixabay.com/en/tap-water-faucet-fresh-clean-1937219/
