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falling down a hole

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richfinch | 08:30 Thu 31st Jul 2008 | Law
6 Answers
maybe a complex situation so i'll try and keep it to the point.
I rent a room in a house, my landlord sold the house 6 weeks ago, but the new owner (a developer) allowed the landlord to keep the tennants for a while (ie the tennants are going to the landlords new house) So the developer owns the house, but i pay rent to my current landlord as normal and still live in the house.
The developer has moved in workers to start working in the garden, last night, i got home at dusk, saw a big trench in the front garden and managed to avoid that but then stepped on a manhole cover (that ive often walked on) and it wasnt secure anymore and down i went!!
I have woken this morning to a painful ankle, although it doesnt look swollen, it still has ripped my trousers and runied a pair of shoes (from what was in the bottom on the drain i went down) And the area where the trench and loose manhole covers is doesnt have any kind of warning at all, im sure it should have done - should it? eg barriers to block off the hazard etc
Can anyone advise?
thanks
richard
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Yes it most definitely should.
Contact the developer and tell him what happened. Then file a claim for the damage. By law, he should have Public Liability insurance and this policy would be the one on which the claim goes.
Suggest you hop out there now and take some photos of the state of it before anyone changes anything.
go to the hospital so you have a record to reffer to
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hi all, thanks, do you know how id make a claim against his insurance? as ive never done anything like this before? and i know the developer is loaded money wise, and dont want to start a battle that i cant win, as i'll incur the cost. i also have a witness ie my housemate who saw me go down the hole! poor guy didnt know whether to laugh or show compassion!
You merely write to the developer stating the facts, and stating that you wish to claim for damage to XYZ. In most cases he will refer the letter immediately to his insurers then you deal with them directly. There is no potential for 'battle' unless he or his insurer decides to deny liability.
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i wouldnt have thought it was worth the developers while to put it to his insureres as he/she will only have the cost of a pair of trousers and shoes to pay for. You are hardly going to get much compensation for your foot hurting a bit, unless ist is injured more permanently, or youv e (for example) lost a day's work because of it

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