Occupiers Liability Claim - Accomodation

Our client was visiting her boyfriend’s flat when she fell over in the backyard area of the block. The area was unlit and the surface was uneven.

We advised our client that it was the responsibility of the owner of the flats to ensure the back area was safe and wrote to them claiming compensation. The owner’s insurers replied claiming that the owner had no knowledge of the accident.

This was untrue as our client had met the owner coming down the stairs of the block of flats with a walking stick a few days after the accident. When he asked what had happened our client told him and took him to see where she had fallen down a hole. He commented that it did seem dangerous, apologised and a few days later arranged a repair.

It seemed to us that the owner of the flats was deliberately delaying this claim in the hope that he could avoid having to settle it. We therefore advised our client that we needed to increase the pressure on the owner and issue proceedings. Following this the owner’s insurers promptly agreed to settle the case.