Is my son responsible for shower damage caused by a loose drain cover?

[ThisMustBeMyDream]

My DS is privately renting. He was in the shower and tripped over the loose drain cover supplied by the LL. As a result, damage has been caused to the cladding in the shower (his hand went through it trying not to fall).
The LL tell him it is his responsibility. I disagree as the LL using a loose item in the shower was the reason for the fall. It's also a big and expensive job according to the workman sent round. I'll attach some pictures. I've also got a copy of the tenancy agreement.
Help!

Thats nonsense. Thats just a cover to stop hair etc blocking it. It’s like you’d have in a sink.

surely his renter insurance will cover it?

Accidents happen. That’s what insurance is for. There is no way your son should pay for that. He wasn’t reckless, careless or negligent. He didn’t do it deliberately.

It isn't nonsense. He was told it was needed to stop hair going down the drain because of previous issues in the apartment drain system.

We are in England. Tenants have contents insurance. LL has building insurance. This isn't a contents claim.

Those drain covers are completely normal, they prevent hair going down the drain, I have one in mine and have never tripped over it, I actually don't know how you could. Your son could also have removed it if he didn't want it there. I don't think the landlord has done anything wrong by supplying that.

He tripped over because it lifted up as it was loose and not fixed down. The shower is a slippy place. A loose item can be very dangerous.

@ThisMustBeMyDream that's a cover for catching loose hair. As pp have said the shower tray could have been slippery due to a build up of soap residue ?

It’s not irrelevant if he was drunk though as it could be argued that he was being reckless. I would say however that that grid is not the right piece to be over the drain so it doesn’t matter if he decided to have a rave in the shower - it’s not compliant. It should be this - the top silver cover fits flush to the shower tray, so I’d point this out to the landlord and tell him to ensure the correct approved drain fitting is fitted when he gets the wall replaced (using his landlord insurance).

Oops forgot the photo

Well firstly, he could have easily bought a silicone drain cover with suction so it didn't move. I mean, I shower daily and I would really be trying hard to slip and cause that much damage. I just find the story somewhat implausible.

It’s not the landlord’s fault that your DS slipped, showers are slippery and that’s why people have shower mats. The drain cover is irrelevant, your DS knew it was there, he could easily have moved it if he felt it was a trip hazard, it’s unlikely to have been the cause of his fall.

That said, it was an accident, the LL’s insurance should cover this.

Tenants usually are advised to have tenancy insurance these days as well as contents insurance to cover this sort of thing. Contents insurance is just for their possessions. You should check if he took out tenancy insurance.

Is the damage to the wet wall in one place? Surely only that panel would need replaced not the whole room? Did he tell the landlord immediately about the accident? I feel like it should be covered by the LL's building insurance but Shelter could maybe advise. If he does end up having to pay he should ensure three quotes are sought and it could be deducted from his deposit when he moves out.

No it isn’t. He should have tenants liability insurance not just contents.

he was still supposed to clean it and to stop the hair all he needed was to drain snake it now and again.

Don’t talk rubbish, it’s easy to slip in a shower, it only takes one mis-step. Our adult daughter slipped in our shower when visiting and managed to knock out both glass panels at the bottom.

I suggest everyone stops having showers then. In 50 years of daily showers I've never slipped.

The legal position is not about how it happened. I was unable to read his tenancy agreement, but he should just refuse to pay.

The landlords only recourse is to make a claim against his deposit when he leaves.

And that can be robustly challenged with the deposit holding agency.

Oof that’s tempting fate now 😂

The tenant should have renters insurance and would be covered. I slipped in the shower and broke the screen when we rented and it paid out. Tenants are liable for damage to fixtures and fittings not just their own contents.

OP hair traps (the loose 'plug' as you call it) aren't fixed. The point is that they catch the hair and you then lift them out of the bath/shower to empty the hair into a bin. Our fancy shower has something built into the drain but I still have to clean it out when I'm cleaning the shower (no good for your sons rental as it has to be cleaned).

We also have shower panels and they are very difficult to damage! The fitter managed to whack one on the finial of the bannister when he was carrying up the stairs and there wasn't a mark on it. Somethings about the story really don't add up to me....

@ThisMustBeMyDream really, loose shower drain covers are common. The whole point is that they lift off easily with the trapped hair.
Much more likely that the shower floor is slippery from build up of soap residue etc as it's clearly not been cleaned any time recently. You can't blame the landlord for that.
However it was an accident and your son needs to work with the landlord to find a reasonable solution. It should be possible to repair to keep it functional rather than replace it all (Google 'repair plastic shower panel' for ideas.) It won't be perfect but this doesn't look like luxury accommodation with pristine finishes.
If the landlord does go for a full refurb your son should only pay a contribution, not the full amount as there is a wear and tear factor to take into account.
And tell your son and his flatmates to clean the shower and use a shower mat in future!

It’s just a drain cover to catch hair. It’s not supposed to be fixed otherwise you wouldn’t be able to pick it up to
clean it. Stop trying to blame the landlord for your son’s accident.

In my experience drain covers in a shower screw in and out. I have never seen a loose one.

It looks like this kind of thing - they're designed to be loose rather than fixed.

https://www.robertdyas.co.uk/oxo-good-grips-shower-drain-protector

That one is weighted for safety, I know, I have one. The second photo on the listing states no slipping or sliding as this is important in a shower. That one is fit for purpose. The one provided by the landlord was designed for a sink not a slippery shower and posed a danger.