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Original poster

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

58 replies

LimitIsUp · 12/06/2023 09:03

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?

OP posts:

Original poster

LimitIsUp · 12/06/2023 15:59

FOJN · 12/06/2023 14:56

I'm surprised that lasted 5 years. It's a massive oversight. Hadn't it started sagging before it gave way?

Nope - no signs at all

OP posts:

PlatBilledDuckypuss · 12/06/2023 16:44

ChocChipHandbag · 12/06/2023 12:46

@PlatBilledDuckypuss

It depends on the contract, but I don't think you can. Your contract was with the builder. Any case you have is against him.

He, in his turn, has to bring a case against the carpenter.

This is precisely why the law of tort developed. At the risk of sounding too much like my rather rude Learned Friend @PrincessofWellies I am guessing you're not a lawyer as Tort is basically Day 1 of law school. Google Donoghue v Stevenson, the classic "snail in the bottle" case. Ms Donoghue didn't buy the lemonade, her friend bought it for her, so she had no contract with the cafe. The case established that the cafe nonetheless had a duty of care to her to not poison her with snails.

I should caveat that if we were in a situation here where a claim was worthwhile I'd recommend going against both builder in contract and builder and joiner in tort, but it's definitely not correct to say no claim against the joiner.

However, OP doesn't want a small award of civil damages for a minor injury and maybe a bit of property damage, she is seeking regulatory intervention and/or sanction. A civil claim will not achieve that, other than perhaps putting joiner in position where his insurance premiums go up as a result of the claim.

Well spotted, I am not a lawyer.

Original poster

LimitIsUp · 12/06/2023 16:47

Builder has been. He confirmed that it was indequate weight bearing support. I asked if the carpenter had fitted similar stairs on any other joint projects and he said one other which the builder will definitely now go and check out. Builder no longer works with the carpenter (after a falling out I think). I asked if I could go after the carpenter, without implicating the builder and the builder confirmed I couldn't and accepted that it was his overall responsibility - so somewhat gallingly I am going to have to leave it, as builder is a thoroughly decent and professional man.

Builder now works with another carpenter / joiner who fitted the wordwork in my kitchen extension, so he will be sending him to fix the landing and put in retrospective additional support to avoid a similar scenario in future

OP posts:

AlisonDonut · 12/06/2023 17:03

LimitIsUp · 12/06/2023 15:59

Yes, it was architect designed and had planning permission. Fairly sure planners don't drill down to the detail of how the landing on the stairs is secured

Show quote history

No but the person who signed it off would.

That's the point of having it signed off.

Original poster

LimitIsUp · 12/06/2023 17:06

I think we have to conclude that the building officer who signed it off missed this

OP posts:

rwalker · 12/06/2023 18:00

I think your loyalties to nice builder is misplaced he was responsible for the full lot

nicely throwing carpenter under the bus and he’s the hero who fixes it

going forward wood is a natural product exposed to elements and temperatures it will naturally expand ,contract move and even split . It needs regular maintenance

Mischance · 12/06/2023 18:02

Well the builder needs to know not to use this carpenter or he could be in the shit too.

midnightblue12 · 12/06/2023 20:30

@ChocChipHandbag I think with your sisters wall, the house damage was caused by the impact of the wall. Impact is a pretty standard insurance peril so that sound about right that that was covered.
The wall wasn't damaged by the impact, it was damaged because it fell down, which with you saying it was 100s years old sounds very much like it fell down due to wear and tear. If the wall had been impacted by say a car then that might be different, but if it was an old wall which just fell down it most likely was way and tear!
It's the cause of damage which is what is considered with claims.

With pipes the situation we often find is, HO had a leak. The leak was from a bathroom which was fired 3 years ago pipework should last more then 3 years so the claim costs can tried to be recovered back from the original fitters. It's a long process, and not really similar to the OPs situation but I guess I was just trying to explain that it is absolutely within her right to go back to the contractors with this happening at this point of time!

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