Any lawyers/solicitors on here
Discussion
This has happened to my ex, is it likely the other person will win. The steps are fine there's a bit of grass at the bottom but the steps themselves are sound. It's 3 shallow steps down to a mid-terrace.
It's turning into America ffs, people too stupid to look want paying for their own failures.
It's turning into America ffs, people too stupid to look want paying for their own failures.
myex said:
long story but some woman delivering shopping to me in December fell down the front steps, i didn't think much about it at the time. but got a damages claim from solicitors on saturday. have contacted the insurance people as am covered for public liability but only if not negligent - she has taken photos of the steps (now 2 months later) and they are a bit overgrown at the bottom, hadn't really noticed but you don't do you, until you actually look at them rather than just walk up and down them - don't know if not weeding/brushing back the soil counts as negligence?? Anyway have made a statement and sent it all off to the insurers today and have to wait and see what happens
Hi, difficult to tell whether they'll succeed or not from what you've said.
To establish negligence there must be a duty of care (pretty likely in this case) there must then be a breach of that duty and this is the difficult point - the standard that must be reached is likely to be that of the reasonable householder. The breach of the duty must then have caused the injury - so if the step was cracked but she fell over her own boot cut jeans then the breach wouldn't be relevant. Make sense so far?
BUT (and this is the good bit) - your ex has liability insurance and they will deal with this on her behalf - if she's found to be negligent then they will pay up. If she's found not to be negligent then the injured party has failed and won't get anything so there isn't a situation where your ex will end up being personally liabile. Either she's negligent and the insurers will pay or she isn't and there will be no claim to pay. The insurers will pick up the costs and deal with the claim on her behalf whichever way it goes.
Make sense?
To establish negligence there must be a duty of care (pretty likely in this case) there must then be a breach of that duty and this is the difficult point - the standard that must be reached is likely to be that of the reasonable householder. The breach of the duty must then have caused the injury - so if the step was cracked but she fell over her own boot cut jeans then the breach wouldn't be relevant. Make sense so far?
BUT (and this is the good bit) - your ex has liability insurance and they will deal with this on her behalf - if she's found to be negligent then they will pay up. If she's found not to be negligent then the injured party has failed and won't get anything so there isn't a situation where your ex will end up being personally liabile. Either she's negligent and the insurers will pay or she isn't and there will be no claim to pay. The insurers will pick up the costs and deal with the claim on her behalf whichever way it goes.
Make sense?
Yugguy said:
My ex seems to think that the insurers won't cover her if she's found to be negligent.
It should be the other way round - they will cover her if she IS negligent.
Think of it like your car insurance. If you're not negligent (ie not stupid) then the accident is not your fault and your insurers won't pay because they don't have to as it's not your fault.
If you are negligent and you do something daft (say you hit the back of the car in front) then you are negligent and they would pay.
Shnozz does PI claims - try and attrack his attention on this one.
Yugguy said:
Yeah I know, I am trying to find out more.
just as a starter for ten...
I assume this is a private residence?
The letter from the Claimant's solicitors should include allegations of negligence. What do they site as these allegations? The soil/overgrown shrubbery? Or something else? If you could get a scan of the letter of claim and photos emailed to me I may be able to give more help.
Piglet said:
impossible to give advice from the information and particularly without photographs.
Ahh here he is - what's your take on the insurers and the negligence aspect?
well like you I cant understand why you would be indemnified only in the event of no negligence...in which case there would be nothing to indemnify against! However, I get the impression this is a private residence so under household policy where public liability "should" cover it but would have to have sight of the policy for a private household as they are likely to differ more than a somewhat more standard employers liability policy.
I am pretty busy here to give a decent enough opinion, but have you instructed a solicitor? She is your ex and has no doubt been to your place many a times (indeed she amy well have lived there) she is all to aware as to the risks associated with the steps. I wouldn’t be surprised if your insurers refuse to pay out. Are you sure she is not doing this out of spite?
shnozz said:
Yeah I know, I am trying to find out more.
just as a starter for ten...
I assume this is a private residence?
The letter from the Claimant's solicitors should include allegations of negligence. What do they site as these allegations? The soil/overgrown shrubbery? Or something else? If you could get a scan of the letter of claim and photos emailed to me I may be able to give more help.
How do I email you? I know silly question.
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