Personal Injury Housing association liability

[ostell]

Trying to help a friend of mine and would like some suggestions.

The friend rents a housing association property, has done for quite a few years. 10 days ago she stepped out of her car and stepped onto a manhole cover on the drive of the property. Unfortunately the lid of the manhole gave way and she disappeared down it. Normal reaction would be to laugh at the situation but she phoned at 10:30 at night in great distress. She was advised to make an urgent appointment to see the doctor the next morning for a tetanus injection, just in case.

She suffered abrasions and cuts to her legs and arms and twisted her ankle, besides cutting holes in her clothes. The internal lip of the manhole had corroded and failed to keep the lid in place. She reported the incident to the housing association but no action was taken for several days. Her report was passed around various departments for action but each passed the buck to another department. She has still not had any form of communication from the Housing association. The manhole was replaced a week later. The temporary work was a sheet of ply over the hole. Great on an estate with lots of young kids!

She is self employed as a cleaner, a very physical job and the cuts and abrasions to her legs have made the job difficult. No work = No income. Yesterday she came round and at the site of one cut there are the signs of infection setting in, which appears to have affected the knee as well.

She has asked me to compose a letter to the HA to complain about their handling of the situation and to look for compensation for the injuries caused and the damage to clothes. I am preparing a formal complaint to the HA as phone calls get nowhere.

Any one got any feelings about a ball park figure for a claim for compensation for the injuries etc received?

[des8]

Re: Personal Injury Hoasing association liability

At this stage don't attempt to quantify the claim as you don't know how serious it is or what its consequences are likely to be.
Just list the known injuries, (mentioning the possibility of infection setting in and affecting the knee) and heads of claim.
So she will be claiming for i) clothes ii) trauma damage iii) cost of travel to doctors iv)possible loss of future earnings
Be sure to tell the HA she is holding them fully responsible and advise them to instruct their insurance company.

I would ignore their lack of urgency in repairing the broken cover as that doesn't form part of the claim and is a distraction.
If she wants to take that point up, do so in a separate letter.

For information, a slip or fall is costed out at c£1000, but a modest ankle injury can be in excess of £10,000
At present she may not realise the full extent of the injuries (example, my son in law "twisted" his ankle, 4 years later the medics discovered the fracture!)

[wales01man]

Re: Personal Injury Housing association liability

I dont usually support them but why not go to a No Win No fee solicitor the HA will no doubt fight this to the bitter end

[ostell]

Re: Personal Injury Housing association liability

Thanks for the info. It took 6 days to resolve the problem of the drain cover. The lack of service and the injuries will be treated as separate items.

I was just after ball park figures so that if the offered £25 then I know they would be taking the mickey.

[ostell]

Re: Personal Injury Housing association liability

The insurers for the housing association have now accepted liability for the injuries but have yet to give an offer figure.

Now I know that the first figure given will probably be extremely low but what sort of ball park figure would be reasonable?

Injuries were bruises, scrapes, cuts to the legs and arms, sprained ankle

[des8]

Re: Personal Injury Housing association liability

The heads of claim for compensation include:
1)Pecuniary losses:
Loss of earnings ........... has she quantified losses caused by not being able to carry out her cleaning duties.
Cost of attending medical appointments etc,
2)Pain, Suffering and loss of amenity.
These are based on the JSB guidelines, which is now on its 13th edition.
The 11th edition indicates for modest ankle injuries such as a sprain where recovery is complete within a year, with no ongoing symptoms or scarring, the award is in the region of £4,000+ (although possibly less for more modest injury which resolves itself in a shorter space of time will attract lower awards) (You could probably estimate a 10% increase in subsequent editions of the guide)

Amounts for bruises , scrapes etc, if healed without scarring, will be negligible as compensation for pain and psychological injury will be included within the ankle injury. That doesn't mean your friend can't add them into the mix to push the award upwards.

[des8]

Re: Personal Injury Housing association liability

By way of comparison the Armed Forces Compensation Scheme awards from £1,200 to £15,500 for a sprain (they don't call it that!) depending on its severity.
Full details are here http://www.legislation.gov.uk/uksi/2...chedule/3/made on table 9 items 4,13,14,23,29,or 40 depending on the damage.

[ostell]

Re: Personal Injury Housing association liability

Thanks for the info, it gives me a sort of ball park figure to work with. Today she received a report from an osteopath that some of the problems she has been experiencing recently are probably a result of the accident. It is being forwarded to the insurer tomorrow.

[des8]

Re: Personal Injury Housing association liability

As I pointed out in Post 2, she should not be in a rush to accept a final settlement too early, as long term she might discover the damage is worse than first diagnosed.

[ostell]

Re: Personal Injury Housing association liability

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