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Help please

Help please

Postby claire155 » Wed Nov 22, 2017 8:39 pm

My 15 year old son was messing about and decided to pull & swing himself onto a 5ft wall when the top part of the wall collapsed resulting in a broken left leg and a fracture to the right ankle. On inspection of the wall on the floor the concrete mix did not look normal so at a later date i sent off for analysis and they confirm that the mixture was not following the building regulations,

We have put a claim in against our local council who own the house and footpath that joins to the wall, who have now just came back with a Denial of Liability on the grounds that my son was trespassing and in their opinion despite that the wall had been repaired on numerous occasions (they admit it) that the feel that the wall was safe, also they have totally ignore the fact that the neighbours of the house who came to assist at the time of accident and i provided as a witness, had stated to myself that they had told there children to stay away from the wall as it was unsafe (i believe it had cracks in the concrete prior to it coming down).

We are fighting this case ourselves, so are looking for advise as to the next step (obviously we are going to provide them with our findings from the report that they are unaware we have had undertaken) and can they state that a child was trespassing he was only pulling himself up the wall he had not intention of going into the garden just showing off in front of his freinds.

Any advise would be gratefully received as in an case studies relevant to these details that can be also provided.
Thank you
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Re: Help please

Postby 3.14 » Thu Nov 23, 2017 8:20 am

Your son was trespassing but that little fact will not help the council.
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Re: Help please

Postby atticus » Thu Nov 23, 2017 2:36 pm

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Re: Help please

Postby claire155 » Thu Nov 23, 2017 6:11 pm

Atticus the Occupiers Liability Act 1984 that you kindly pointed me to is this purely for Occupiers of the properties as this is Council owned and Tenanted. Does this Act still apply?
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Re: Help please

Postby atticus » Thu Nov 23, 2017 7:55 pm

See s 1(2). If this does not apply to the Council then omay have sued the wrong defendant.
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Re: Help please

Postby dls » Thu Nov 23, 2017 10:38 pm

On any version, theremay be a substantial contributory negligence.

For personal injury cases, get a lawyer. If they will not do it on no win no fee, then you shouldn't do it either.
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Re: Help please

Postby gid » Fri Nov 24, 2017 11:59 am

Where damage is caused to a visitor by a danger arising from the faulty execution of any work of construction, maintenance or repair done by an independent contractor employed by the occupier, the occupier is not to be held responsible for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor. The occupier must have taken any steps that he should reasonably have done in order to satisfy himself that the contractor was competent and that the work had been properly done.
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Re: Help please

Postby gid » Fri Nov 24, 2017 1:02 pm

Defective Premises Act 1972 Section 4 (1)

Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect.
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