Upstairs landing of external stairs gave way and dh fell 10 feet. Report?

[LimitIsUp]

Our garage was built 5 years ago. Its a triple garage with accommodation over it which dh uses as an office. There is a set of external wooden stairs and a small landing at the top. That landing gave way yesterday and dh feel 10 feet to the ground. He was fast tracked through A&E (because that sort of fall is potentially serious) but fortunately only has damage to the soft tissue of one ankle (Doctors said he was super lucky). Dh could have broken his back / had internal bleeding etc. Mercifully this was not the case

I am completely unimpressed that this happed. There was no sign of rotting to the wood but on inspection it looks like the landing was held in place with a few screws and nails. I would like to report this, not for compensation as none needed, but so that the carpenter concerned gets some serious heat. Only problem is that we are friendly with the guy who built the garage and we don't want him to get flack. He subcontracted the carpenter to do the wooden stairs. If we report it will the builder get grief too, or just the carpenter? Also who to report it too?

Was it not signed off by building regs? Also have you been treating the wood?

After 5 years who would you be reporting to?
You probably need some maintenance doing to it.

It was signed off.

You may be friendly with the builder, but he let you down too. If he subcontracted, he's responsible for the quality of the subcontractors and their work. He obviously went cheap and didn't monitor.

I wouldn't hesitate to kick up a fuss (and you need compensation to pay for a good replacement, if nothing else).

Don't know how, but definitely do it. Someone could get killed or paralysed next time. They need to change their ways.

Then it was good at the time of the build. So instead of seeking vengeance and saying shoddy work, you need to find out what has caused this.

if the wood was not regularly protected, did it start to soften etc.

so contact your friend the builder and understand what the cause is.

As the above poster mentioned, your husband is luckily ok but other builds people might not be so lucky. I’d start with building control from your local council, they can do an urgent visit today.
the builder and carpenter should both be insured, but it definitely needs flagging.

Claim on your insurance and be grateful it wasn't worse. After 5 years use uou have no other redress.

Sorry I’ve just clicked that this was external, but still think you should start with building control

The stairs and landing were due for a coat of outside sealant - but notoverdue. This should be done every 5 years and we already had this planned for this summer.

However this would have been a precautionary measure since the wood was not rotten, no sign of any issues - the landing was in hindsight poorly constructed. It it had been rotting one or two planks would give way, not the whole lot in one go. It clearly was not built with sufficient regard for weight bearing. It shouldn't be held together with just a few nails

This is incorrect, read the Consumer Rights Act, plus there is a claim both in tort and contract.

Thank you @PrincessofWellies , i did think that couldn't be right

The cause is inadequate construction for weight bearing - its obvious even to a lay person like myself. Builder is coming over later

I mean this gently but if it is so obvious. Why did no one spot if, inc building control who examined it at the time of build?

Glad the builder is coming over although the joiner constructed the staircase who attached it to the garage.

It sounds so inadequate to have a few nails and screws securing the two.

Also I think uou need to get your insurer involved. They will send round an independent builder to find the cause of the issue.

Building control signed off the entire building - I guess they could have 'missed' the detail of how the staircase landing is secured? The individuals steps in the staircase look better - tongue and groove, is that the right expression? - the ends of each wooden stair slot into a groove. Can't see anything comparable on the collapsed landing. The stairs are oak and look aesthetically pleasing - they also look solid and safe

That's a good idea re building insurance

Also I think it's only obvious now that the landing has collapsed exposing how it was held together

@PrincessofWellies she says that there is no compensation needed, i.e. no loss has been suffered. What damages is she going to seek in a contract or tort claim?

And how can she make a claim in contract when the builder was contracted by the previous owner? Are you suggesting something based on the contract for the sale of the property?

Oh, hold on- "the guy who built the garage" is the builder not the person who Had the garage built.

So the garage was built for you after you bought the property OP, and you had a contract with the builder?

I'm still not clear why a contract or tort claim would be made when there are no losses suffered though.

It's fairly immaterial re compensation - we are not after money. My motive is to hold the carpenter accountable

Then a civil contract or tort claim is not the way to go.

You need to look at Health and Safety or other regulatory investigation. Council is first stop.

My brother was injured in a fall from height at work. HSE were involved immediately, it all happened automatically as the police attended with the ambulance and his employer had an obligation to notify I think.

I was pondering the Health and Safety Executive

My response was to a poster who said there was no redress. It's a breach of contract, plus there has been injury incl shock of the fall and inconvenience of attending hospital so an offense against the person which is actionable in tort, plus a breach under the consumer rights act. Look it up or leave legal advice to lawyers. There doesn't have to be a financial loss for legal action, minor injuries are actionable. I wish people would stop and think about what they are saying, because somebody might read it and think oh, so there's nothing I can do. Of course there is.

Ah, @ChocChipHandbag I see what you are saying. I read it that op had the garage built, but you think it was already there when the property was bought by op. Perhaps they could clarify, in which case that's different.

people are strange, a dedicated outdoor staircase built should be expected to last more than 5 years and one that has obvious bad construction is dangerous, I would tell anyone who listens.