DD Accident claim?? Long!

[ALovelyBunchOfCoconuts]

A few months ago DD age 2.2 injured herself in our flat.

we private rent, through an estate agent acting on behalf of the landlord.

The accident was very traumatic for her, and for us as parents.

She was trying to be "helpful" by closing the door behind her and consquently trapped her toe under the door, on top of the doorbar. She lost all of the underneath of her toe, exposing the bone.

this meant travelling to hospital everyday to change dressings, x rays and no baths for 6 weeks. The poor girl couldn't walk, its so difficult to keep a 2 year old still!! She still gets upset now when she goes near the door. She must remember clearly what happened.

I'll get to the point now... The doorbar was fitted accross a doorway where laminate joins carpet. There should have been a laminate-to-carpet doorbar fitted when the flooring was done but they didnt change it. It was still a carpet-to-carpet one so was ill fitted and one side was raised up at an angle. Enough to cause permanent damage.

We have filed an Injury claim against the estate agent and the landlord. The soilicitors have assured me that the landlord cannot get arsey and end our contract. He apparently has no legal right to do this.

However my question is... Are we allowed to move out of this property while the claim is ongoing?

thanks for reading this :)

No reason why you shouldnt move out while the claim is on going.

It could take two to three years for the claim to be settled.

Thanks Lucinda.

That's what I thought. The solicitor said it could take between 12 months and 3 years and I can't live here that long!

The place is a death trap. I think the landlord is already being funny about some things. There are some repairs that need doing that we reported but we are just being ignored.

I'm inexperienced in this, and don't know what I should and shouldn't ask the solicitor. I don't want to be unreasonable and waste her time over something not serious enough to ask IYSWIM.

Thanks for your reply :)

My dd was in a changing room in a clothes shop when the mirror fell over and hit her on the nose. It took about three years before the shops insurance company settled the claim. If the child is under 16 or under 18 then a parent or other person needs to make the claim on behalf of the child.

The child will probably need to be seen by independent medical experts.

Hi Lucinda, sorry taken so long to reply :)

Yes you are correct she will have to be seen by an independent doctor and will have to have her records accessed.

And it is me who is claiming on her behalf and she will receive the money when she is 18.

How old was your DD when her accident happened? I hope she wasn't injusred too badly, it must have been awful.

I can't see that you have to remain there, it will strengthen your case surely if you feel you have to move because of the danger.

Have you photographed everything? Has anyone independent assessed the doorway?

Apologies if you are beyond this stage already.

My DD was about 13 when the mirror hit her on the nose. The thing was the mirror had fallen over previously, so the shop knew that it was a hazard. It caused DD psychological damage as well, she thought her nose was disfigured.

Bless her,, thats awful of them, glad you got it sorted though and that shes ok now :)

Have you spoken to the local council ? Even private rentals can come under them for H and S .

Oh I didn't know that LIZS thanks I'll have al look on my local council's website and perhaps give them a call if I can't find anything.

Thank you