Accident help! Shower door collapsed on daughter

[EJH84]

Hi there, our spare shower had a sliding glass door - my 4 year old went to close it and the entire thing shattered, unpredictably and suddenly - as if a bullet hit it (loud bang too!) - daughter in shock, several deep cuts, blood everywhere as she was about to shower and got a rain of glass on her!

Landlady's handyman comes out to inspect and says 'there may have been an invisible fracture or the corner of the glass wasnt adequately protected so it shattered.

Landlady not only refusing to open discussions re compensation, but insisting I pay over £1,000 for a new shower door as it's my liability as a tenant. Just awful.

Please advise.

[wales01man]

Re: Accident help! Shower door collapsed on daughter

Very hard to prove why it broke if there was a fault with glass unless you have some evidence

[Kati]

Re: Accident help! Shower door collapsed on daughter

[MENTION=15129]Crazy council[/MENTION] ??

[EJH84]

Re: Accident help! Shower door collapsed on daughter

Very hard to prove why it broke if there was a fault with glass unless you have some evidence

I understand. But isn't it reasonable to expect a shower door to NOT break during NORMAL use by a small 4 year old girl? I was right there and - literally - thought a gun shot went off, it was so sudden! Why would any reasonable person find it plausible that the door was perfectly fine and spontaneously shattered?

(I have photos of the poor thing right after, and even a photo of her footprints inside the pile of shattered glass - she had JUST got in and was closing the door!)

[Kati]

Re: Accident help! Shower door collapsed on daughter

Is there any chance you can post up a redacted copy of your tenancy agreement (or email it to me - kati@legalbeagles.info - and I will)? It might help with giving you advice ... the wording on your contract might give us a bit of leeway

Tbh, if a shower door had shattered on MY daughter I'd be out for blood :sad: xx

[Amethyst]

Re: Accident help! Shower door collapsed on daughter

I'm sure there was something on watchdog or similar about this issue a while back, I had a quick Google and can't see it, but it's certainly not a one off freak occurrence. The manafacturer/supplier of the screen would be liable, possibly the fitters (if it's slightly on a wonk thus stressing the glass panel)... I'd guess the landlady's handyman fitted it?

[Openlaw15]

Re: Accident help! Shower door collapsed on daughter

Hi there, our spare shower had a sliding glass door - my 4 year old went to close it and the entire thing shattered, unpredictably and suddenly - as if a bullet hit it (loud bang too!) - daughter in shock, several deep cuts, blood everywhere as she was about to shower and got a rain of glass on her!

Landlady's handyman comes out to inspect and says 'there may have been an invisible fracture or the corner of the glass wasnt adequately protected so it shattered.

Landlady not only refusing to open discussions re compensation, but insisting I pay over £1,000 for a new shower door as it's my liability as a tenant. Just awful.

Please advise.

So sorry to hear that, the poor little thing. I hope you have taken photographs. Shower doors just don't crack: supplier or fitter is likely at fault. Contact a personal injury solicitor. Or Land-lady is responsible under Occupier Liability Act 1957. Report back the specific type of injuries from the hospital. If there is any permanent scars she will get more compensation.

[charitynjw]

Re: Accident help! Shower door collapsed on daughter

Looks like it's a well-known phenomenon

http://www.tesh.com/topics/home-and-food-category/your-glass-shower-door-could-shatter-without-warning/cc/7/id/8383

http://homerenovations.about.com/b/2...-by-itself.htm

http://ths.gardenweb.com/discussions...ally-shattered

https://www.google.co.uk/search?q=glass+shower+door+broken&oq=glass+shower+ door+problem&aqs=chrome.5.0j69i57j0l4.26789j0j8&so urceid=chrome&es_sm=122&ie=UTF-8#q=glass+shower+door+broken&tbs=ctr:countryUK%7Cc ountryGB&cr=countryUK%7CcountryGB

[des8]

Re: Accident help! Shower door collapsed on daughter

So sorry to hear that, the poor little thing. I hope you have taken photographs. Shower doors just don't crack: supplier or fitter is likely at fault. Contact a personal injury solicitor. Or Land-lady is responsible under Occupier Liability Act 1957. Report back the specific type of injuries from the hospital. If there is any permanent scars she will get more compensation.

Surely the occupier is the tenant, so how does that legislation apply?

EJH, on behalf of her daughter, needs to write to landlady, holding her responsible for faulty/unsafe fittings or what have you, and suggesting the landlady refers the matter to her public liability insurers. (probably covered under her Landlords insurance)

[Openlaw15]

Re: Accident help! Shower door collapsed on daughter

Surely the occupier is the tenant, so how does that legislation apply?

EJH, on behalf of her daughter, needs to write to landlady, holding her responsible for faulty/unsafe fittings or what have you, and suggesting the landlady refers the matter to her public liability insurers. (probably covered under her Landlords insurance)

A tenant is still entitled to be safe...Defective Premises Act, too. At a push too, if there is proximity between the landlord and the 'handy-man'...it could be vicarious liability, ie indirectly responsible for the employee (handy-man). If the glass was dangerous, it will also be the supplier ie depending on whether B picks it up for C, or whether C installs it on in the premises where B purchases it from the store. If there is a known fault with the glass as it seems to be here, then the manufacturer is liable. Regardless, duties are owed all around.

NB: by Landlady putting the liability on the tenant for the £1000 product which caused deep lacerations to her 4 years old child, is just asking for trouble.

[wales01man]

Re: Accident help! Shower door collapsed on daughter

When was the door installed

[Openlaw15]

Re: Accident help! Shower door collapsed on daughter

Surely the occupier is the tenant, so how does that legislation apply?

EJH, on behalf of her daughter, needs to write to landlady, holding her responsible for faulty/unsafe fittings or what have you, and suggesting the landlady refers the matter to her public liability insurers. (probably covered under her Landlords insurance)

It would seem normal practice for the landlady ( as a business) to have occupier liability insurance. So any claims made will likely be against the insurer by the relevant legal professional. It's unlikely the landlady will have to pay for it herself. The handy-man is too poor to sue in all likelihood, so no claims against them. The tort-feasor could also be the store owner in addition to the manufacturer from where the glass slide panel was purchased. This is why the landlady has to be careful by being unreasonable. It may well be the claims in tort for personal injury will be against the manufacturer. The problem is this is a very young girl, in effect not more than a baby - so any claims will take account of the effect of permanence and scars especially if the scars affect the chest area (for obvious reasons). Tort just not just remedy the current but it also foresees the future.

[des8]

Re: Accident help! Shower door collapsed on daughter

[QUOTE=Openlaw15;615405]It would seem normal practice for the landlady ( as a business) to have occupier liability insurance/QUOTE]


Don't you mean Landlord's liability insurance?

[Openlaw15]

Re: Accident help! Shower door collapsed on daughter

[QUOTE=des8;615434]

It would seem normal practice for the landlady ( as a business) to have occupier liability insurance/QUOTE]


Don't you mean Landlord's liability insurance?

Well, i meant it will include it as a contract term

[Openlaw15]

Re: Accident help! Shower door collapsed on daughter

Surely the occupier is the tenant, so how does that legislation apply?

EJH, on behalf of her daughter, needs to write to landlady, holding her responsible for faulty/unsafe fittings or what have you, and suggesting the landlady refers the matter to her public liability insurers. (probably covered under her Landlords insurance)

This is the problem where there are conflicting interests, I answered the Op but if the landlady were to come here herself i would have provided advice as though it were aimed at her. Besides being objective, I would hate to be in the landlady's situation...even the thought of being liable is not pleasant at all. However, it's terrible for the little girl, who could be our little sister, granddaughter, daughter, cousin. How would we then fail against the landlady?