How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

hi im wondering if u can help me ?i am in council property

Customer Question

hi im wondering if u can help me ?i am in council property and each year have my boiler serviced by them the last service on 22nd jan 2014 it was found there was a faulty part and had to be turned off for 6 days i had no heating or hot water but the engineer that came to fix the problem said that the part that needed to be changed had a crack in it therefore it had a small gas leak and had been since the last years service? he gave me the part to keep and winked at me saying you keep hold of this u will need it for future reference while explaining what the problem had been? the boiler is situated in my 22 yr old daughters bedroom she has epilepsy and depression and spends many hours up in her room due to this but also the reason why i am enquiring about advice is that she has been to the doctors several times with what i assumed were flu? symptoms eg coughing feeling sickly headaches tiredness and shortness of breath for which she had a inhaler ? do u think i should pursue this matter and how i would go about it? the problem is we are on benefits and have no available money for any fees that might be occured i have tried legal aid and apparently my issue will not be covered by it .i hope you can advise thankyou davina
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello, I am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Was your daughter's health worse last year up to January than it had been before and has it improved since 22nd January this year?

JACUSTOMER-6gd6xnkh- :

yes it was worse and yes seems to have improved

JACUSTOMER-6gd6xnkh- :

do u think it would be helpful to ask her doctor if he thought the gas leak could of masked her syptoms?

JACUSTOMER-6gd6xnkh- :

are u there?

LondonlawyerJ :

Yes I am. I think that would be a very good idea.

JACUSTOMER-6gd6xnkh- :

ok so what do u suggest?

LondonlawyerJ :

I will answer you later today when I have had a chance to think about it properly. I hope that is OK.

JACUSTOMER-6gd6xnkh- :

ok thankyou

Expert:  LondonlawyerJ replied 2 years ago.

The landlord is responsible for maintaining your boiler in working order. However they will only be responsible for harm caused by a defective boiler if they have failed to maintain it properly or if they have been told about a fault and failed to fix it quickly. Servicing it once a year sounds like a reasonable level care for a boiler assuming the work is carried by proper CORGI qualified engineers.
It seems a little odd that the engineer said the leaking part had been damaged for 2 yeara as that would imply that it had been seen to be damaged 2 years a 1 year ago but left in (perhaps because it hadn’t degraded to the point of being dangerous?). Perhaps you could ask a gas beginner of yo know any what the part is and what the effect of a crack to it would be.
There will therefore be some difficulty pinning the blame for the leak on the Council. Also I take it that neither you nor your daughter noticed a smell of gas. There are other gases that asr produced in boilers like carbon monoxide which can be highly dangerous.
I would think that you should go to the Dr with your daughter to tell the Dr what you have discovered about the boiler and ask him whether he thinks the dip in health which now thankfully seems to be over might have been caused by a defective boiler. In order to get a Dr to listen you may need to ask him whether there are any implications for ongoing healthcare for your daughter rather than just talk about the past.
In the absence of any ongoing health problems for your daughter any level of compensation would be quite low although I do not have much detail of how often and how badly she was ill. Compensation for pain and suffering tends to not be very generous. If she lost a job because of ill health caused by the boiler that would boost the value of the claim.
Your nest steps should be to investigate the fault on the boiler (i t might be worth asking neighbours if they have had the same problem as if it is widespread it may be easier to argue that the council should have known). You should talk to the Dr as well. If after doing that you think you may have a claim you should see a solicitor. You should see a specialist personal injury solicitor. Follow this link to find a specialist near you http://www.apil.org.uk/injury-lawyer . Many solicitors are willing to do a free initial interview and many will take on claims on a no win no fee basis. Be aware that there are time limits for bringing injury claims, usually 3 years from date of injury.
I hope this answers you question but please feel free to ask follow up questions.
Customer: replied 2 years ago.

yes they do come once a year it was jan 2013 they last did the service ,not 2 yrs ago it is from this point he said it would have been leaking as the last of the testing procedure which should have been performed on the boiler was obviously not performed as he had missed the split in the relevant part in his words (whoever checked this last year defo didnt have there porrage for breakfast ) the actual report says : your micron boiler is immediately dangerous because there is a split on test on the nipple barrel at burners pressure point i hope u can understand that lot lol its hard trying to explain it without you actually seeing the part in question. i am trying to get an appointment as soon as possible with the gp and will let you know the outcome but appart from the medical side of this would the actual test that was not done to standards be classed as negligence in itself maybe? thankyou davina

Expert:  LondonlawyerJ replied 2 years ago.
Possibly, but if it was carried out by a third party who appeared competent to the task it may be hard to pin the blame on the council.
Customer: replied 2 years ago.

yes it is done by a third party every year the council hire the company with the least estimates i have spoken to someone at the council and they said it would be there fault not the company that carry out the work they have asked me to put things in writing and get back to them so i am needing advice about the possable outcome of negligence eg if they admit it is then what? and if they just say oops sorry about that then what thanks

Expert:  LondonlawyerJ replied 2 years ago.
That may be what they say on the phone it may not be what they say when confronted with a claim. Get the medical evidence then you will be in a better position to either negotiate yourself or see a solicitor to try and take it on a no win no fee basis.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice