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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a rental property with a split level garden. There

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We have a rental property with a split level garden. There are steps between the two levels with no hand rail and there is no balustrade with a drop of four feet. The area is well maintained and otherwise unaltered since we purchased the property. Could we be successfully sued in the case of injury from a fall? Our insurance company advises that as there is no defect our liability insurance would not cover.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : There is a potential.
Alex Watts : You have a duty under the Occupiers Liability Act to make sure that people and visitors are safe,
Alex Watts : That means potentially you could have a claim made against you.
Alex Watts : So potentially yes you could be sued.
Alex Watts : Can I clarify anything for you about this today please?

What would be your view on the validity of the remedial measures we are considering?

Alex Watts : Yes those would appear adequate.
Alex Watts : You have taken reasonable steps.
Alex Watts : Can I clarify anything?

PS I should add we are the owners but the property is occupied by a tenant

Alex Watts : Yes of course. But I do think what you are proposing should resolve any issue.
Alex Watts : Does that help?

OK agreed. I am particularly concerned about the tenant who has a small child. In addition to not wanting to put the mother and child at risk irrespective of the liabilities, I am concerned to clarify whether the tenant might have a claim in the case of an accident. I am clear that e.g. workmen we send round might have a claim and that in itself is sufficient risk as you say. I understand, perhaps rather oddly, that if the remedial works proposed are faulty that then our liability insurance would cover any claim! I think subject to any flaw in my logic you can see you have answered my question. Many thanks.

Alex Watts :

Yes I would agree with your logic!

Alex Watts :

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