Slipping Accidents

Slipping Accident Claim Against Housing Association

Our client, Mr Triggs, was a tenant in housing association flats owned by the Defendant. On 23 November 2006 he left his own and proceeded along a balcony which was exposed to the elements and walked towards a central stairwell. The stairwell was also exposed to the elements. It had been raining. He descended the first flight of stairs and on reaching the fourth step from the bottom slipped and fell. The stairs were wet due to contamination from dampness caused by rain coming in from the exposed areas of the building. There was no handrail on which Mr Triggs could support himself. The stairs were constructed of smooth concrete without the benefit of treads. As a result of the accident Mr Triggs suffered minor injuries to his right wrist, lower back and abdomen. All injuries had resolved by approximately 4 months after the accident.

A claim was made against the Trust for breaches under the Occupiers Liability Act 1957 and specifically their failure to install anti-slip stair edges, a proper handrail and in allowing the stairs to be open to the elements when they knew or ought to have known of the ingressive rain into the central stairwell causing the stairs to become slippery and a danger and trap. Liability was denied by the third party's insurers, Zurich Municipal. The insurers breached their obligations under the Personal Injury Protocol to disclose relevant documents. This left our client with no alternative but to instruct us to issue proceedings. A Defence was filed admitting that the Defendant was the occupier of the flats within the meaning of the Occupiers Liability Act. The Defence admitted, for the purposes of the action, that our client had slipped on a step in the central stairwell and it was admitted that the Defendant was primarily liable to our client for their breach of statutory duty. Allegations of contributory negligence were made. The Defendant also made an offer to settle our clients claim in the amount of £1,800 which, given the risks of the case, was accepted. This represented an excellent conclusion to what was potentially a very difficult case.

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