I wish to make an apartment building accident injury claim after I tripped over a cable, although I failed to see the doctor for several days, is a claim possible?
Making an apartment building accident injury claim is possible if you have been the victim of an accident for which you are not to blame – however if contributory negligence is a factor in your injury your compensation could be affected. You should not expect to sustain an injury in an apartment building as you fall under the duty of care of the landlord – who should be responsible for keeping the common areas free of any potential hazard which may arise. You may therefore be entitled to compensation for an apartment building accident if the negligence of the landlord resulted in an avoidable injury. However this duty of care is not absolute and you also share responsibility for ensuring that your accident in an apartment building does not become worse and if you fear that contributory negligence may be a factor in your accident or injury, you are advised to discuss your claim with a personal injury solicitor without delay.
An apartment building accident injury claim could be made against the landlord if it is determined that your injury was preventable, yet measures were not taken to avoid an accident. This may be the scenario if the landlord of the apartment did not – for example – train the cleaning staff on safe cleaning methods in order to avert an injury in an apartment building. For instance, if the cable over which you tripped belonged to a vacuum cleaner which was being used by a cleaner, your compensation for an apartment building accident could be made against the landlord if the cable was not secured to the floor. In this scenario your accident in an apartment building may be considered to have been the result of the careless actions – or inactions – of your landlord, who could be held liable for your compensation.
So although you could be entitled to make an apartment building accident injury claim, your overall compensation can be reduced if you neglected to visit the doctor for several days afterwards. This is because it could be considered that you contributed to the severity of your injury in an apartment building by failing to seek immediate medical attention for your injury. Even if your injury did not appear to be severe following your accident in an apartment building, there is a danger that it could have deteriorated if not treated by a medical professional following your accident. Claiming compensation for an apartment building accident is not impossible if medical attention was delayed – however your overall compensation may be reduced to reflect your own carelessness.
The percentage of liability you may share for your injury in an apartment building could reflect the reduction in compensation you may experience as a result. For example – if you are 30% liable for your injuries, you may only be able to claim 70% compensation for an apartment building accident. If you share a significant amount of liability for your accident in an apartment building, it may be the scenario that your claim is no longer worth pursuing. However this can be determined by a personal injury solicitor, who will assess your apartment building accident injury claim and advise as to whether you should pursue your claim.
