Background

Our client faced a complex legal challenge when a visitor to one of their rented properties sustained severe injuries. The visitor/ Claimant, fell down the stairs, allegedly due to the absence of a handrail.

The Claimant sustained severe head injuries and was airlifted from the scene to the hospital, where they underwent extensive and complex surgery. Other injuries sustained included skull fractures, scarring on the head and residual weakness of the left arm.

How we helped

The investigation into the claim was particularly challenging due to several factors:

• The property remained occupied by the tenant, preventing access for inspection.
• Our client lacked substantive documentation on the property’s condition before the current tenant’s occupancy.

Despite the initial difficulties, the investigation revealed several critical details:

1. Building Regulations Compliance: Initially, it appeared that our client failed to comply with building regulations, which mandate that for stairs less than 1 metre wide, a handrail must be provided on one side. However, our investigation revealed that the tenant had removed the handrail without our clients’ knowledge or permission.
2. Ensuring Stair Safety: While there was an obligation on our client to ensure the stairs were safe, we demonstrated that the tenant’s unauthorised removal of the handrail was outside of our clients’ control.
3. Visitor Safety: Although it was alleged that our client failed to ensure the Claimant’s safety, we provided evidence that our client had originally equipped the stairs with a handrail, and the removal of them by the tenant was unforeseen and unauthorised.

Outcome

Our investigation and legal strategy highlighted that our client has initially complied with all relevant safety regulations and that the tenant’s actions were the direct cause of the missing handrail. This pivotal information allowed us to issue a denial of liability on behalf of our client.

Despite initial appearances of non-compliance, our thorough investigation uncovered the critical facts that proved our client was not liable. This outcome not only protected our client from a potentially substantial claim, but also reinforced the importance of meticulous investigation and a strong legal defence strategy.

Recently, the Claimant’s solicitors confirmed that they are no longer pursuing this case, enabling our client to close their file with a reserve saving of £900,000.