Who's responsible, me or the landlord?

[Suzanne1118]

A client just fell down the stairs in the salon. Nothing broken, she just feels sore. She said she is leaving it in the hands of her solicitor as the stairs were steep so she said she shouldnt have been brought up them. We are open about a year and a half and no one has ever fallen down them. We have a sign saying 'mind your step, steep stairs) and we say it to every client on their way up and down them stairs.

My question is am I responsible for this or is my landlord?

Has this happened to anyone before?

Anyone know what to expect?

 

[Alex-Lydia]

I think this is an insurance issue, it sounds like you have done all the appropriate health and safety stuff, I would write down in detail what happened while it is fresh in your mind and ring your insurance company to let them know this lady may attempt a claim. Do not answer her directly, and send all correspondence to your insurance company - thats what you pay them for.

Try not to worry, she may not claim, she may have just been shocked and reacted like that, she may also be up to no good, so make sure you do everything correctly, and be professional.

Hope all goes well, something like this is always stressful. x

PS Do the stair's have a handrail/bannister? If they do not I would ask the landlord to fit one. (check out your lease to see where you stand on this kind of stuff)

 

[siobrennan]

hope it all gets sorted, cant offer anything constructive to this im afraid! you would think if she thought the stairs too steep she wouldnt have climbed them, you didnt force her up them and you did warn her and there are notices!? i used to work in retail when i was at uni and a lady walked right into the shutters one night and tried to make a claim. its sad people can get away with this now though it does not help our insurance premiums

 

[Suzanne1118]

I think this is an insurance issue, it sounds like you have done all the appropriate health and safety stuff, I would write down in detail what happened while it is fresh in your mind and ring your insurance company to let them know this lady may attempt a claim. Do not answer her directly, and send all correspondence to your insurance company - thats what you pay them for.

Try not to worry, she may not claim, she may have just been shocked and reacted like that, she may also be up to no good, so make sure you do everything correctly, and be professional.

Hope all goes well, something like this is always stressful. x

PS Do the stair's have a handrail/bannister? If they do not I would ask the landlord to fit one. (check out your lease to see where you stand on this kind of stuff)

Thanks for the advice. Yes there's two handrails, one on each side. I know in the long term it's not a big deal but I just started crying as soon as she got off the phone! It's so upsetting. And the fact that she had her tan done afterwards means it wasn't that bad surely?! xxx

 

[Suzanne1118]

hope it all gets sorted, cant offer anything constructive to this im afraid! you would think if she thought the stairs too steep she wouldnt have climbed them, you didnt force her up them and you did warn her and there are notices!? i used to work in retail when i was at uni and a lady walked right into the shutters one night and tried to make a claim. its sad people can get away with this now though it does not help our insurance premiums

I know it's awful, people should only make claims when they are actually hurt. Do you remember if the woman got anything? I hope not as it was her fault but sometimes you just don't know!xxx

 

[jacquelineanna]

This is so annoying!!

Stairs are sometimes steep, you tell clients verbally and there is a sign what more can you do??

She could have looked at the stairs and decided she could not manage them ... where is the personal responibility for the things we do!!

And insurance companies make it harder by paying out on frivolous complaints like this.

Not every accident or mishap is a law suit or insurance claim.

These things drive me insane.

 

[siobrennan]

I know it's awful, people should only make claims when they are actually hurt. Do you remember if the woman got anything? I hope not as it was her fault but sometimes you just don't know!xxx

nope - after our report went in she got told to sling her hook thankfully

 

[siobrennan]

This is so annoying!!

Stairs are sometimes steep, you tell clients verbally and there is a sign what more can you do??

She could have looked at the stairs and decided she could not manage them ... where is the personal responibility for the things we do!!

exactly!!!

 

[The Guild]

Alex-Lydia is exactly right. Call your insurers and let them know what has happened. They will be able to tell you whether it is you or your landlord that is responsible and how to handle this from here. It is best to call them as they will be able to give you all the information you need and take it out of your hands if necessary. Don't worry, it's what you pay your premiums for.

 

[Alex-Lydia]

Thanks for the advice. Yes there's two handrails, one on each side. I know in the long term it's not a big deal but I just started crying as soon as she got off the phone! It's so upsetting. And the fact that she had her tan done afterwards means it wasn't that bad surely?! xxx

I really understand how you feel, it's such a shock and worry.

I am no expert, but it really sounds to me like you have everything covered, and the fact she went on to have her spray tan straight after - I think you will be fine.

I suggest a large glass of wine and some chocolate tonight to help you through the stress of the day.

x

 

[Suzanne1118]

Thank you so much everyone. I know it is really so so annoying and upsetting. She told me that she told the doctor she fell down about 18 stairs and said 'that would be about right wouldnt it' and I said 'well we only have 10 steps and you fell after about 2 or 3 steps' and she said 'oh no I fell right from the top'. But the fact that she already told lies hopefully they will see that shes not being honest. I wrote a report and I didnt exaggerate anything. I hope it stands to me that Im telling the truth because insurance companies always expect you to lie a bit!

 

[josheardown]

Hi Suzanne, this is not a nice situation to be in and I would be feeling exactly the same!

Try this link: http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1073858799 I finds this website generally a very handy resource for all things business.

Her claim may be with the landlord of the building, not you, as the incident sounds like it occurred in a shared area and therefore their responsibility to provide and maintain a safe building (including corridors/stair/accesses etc...)? However, I guess this will depend on the conditions of your lease agreement and the set up of the premises. Either way I think it is unlikely that she will get anywhere with her claim based on your stairs being steep, as long as measures to mitigate such risk (e.g. the signing and hand rails) are in place. But don’t take this as gospel, it’s only an opinion based on my limited knowledge of this kind of thing.

Meanwhile, contact your Insurer for advice, raise the safety issue with the landlord and record the incident (it may be an idea to start an accident book if you don’t already have one)? You can find further details of the website above.

Best of luck and let us know how you get on... and if at all possible, try not worry yourself too much about it xx

 

[taggyboy]

Try not to worry, although it can be hard not to. Sounds like you have received good advice already.

Can I ask though, did you fill in the accident book. I've only read through this quickly, so may have already said. I do apologise if you have.


from Debbie's HTC Sense

 

[Suzanne1118]

Hi Suzanne, this is not a nice situation to be in and I would be feeling exactly the same!

Try this link: http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1073858799 I finds this website generally a very handy resource for all things business.

Personally, I would think that her claim would be with the landlord of the building, not you, particularly as the incident occurred outside of your salon. It is the landlord’s responsibility to provide and maintain a safe building (including corridors/stair/accesses etc...) and it is the landlord who insures the ‘building’. Either way I think it is unlikely that she will get anywhere with her claim based on your stairs being steep, as long as measures to mitigate such risk (e.g. the signing and hand rails) are in place. But don’t take this as gospel, it’s only an opinion based on my limited knowledge of this kind of thing.

Meanwhile, contact your Insurer for advice, raise the safety issue with the landlord and record the incident (it may be an idea to start an accident book if you don’t already have one)? You can find further details of the website above.

Best of luck and let us know how you get on... and if at all possible, try not worry yourself too much about it xx

Thank you, I'll have a look at that. The stairs are in the salon, theres 2 rooms upstairs. I've told my insurance company and they told me someone will phone me back soon with advice etc. It's just so stressful that people can be so nasty and lie to make it sound worse! I'm not as stressed anymore, Ive stoped crying anyway :lol: big baby I am! I just hate being personally attacked for little or no reason :sad:

 

[Suzanne1118]

Try not to worry, although it can be hard not to. Sounds like you have received good advice already.

Can I ask though, did you fill in the accident book. I've only read through this quickly, so may have already said. I do apologise if you have.


from Debbie's HTC Sense

Hey hun, yes I wrote everything out in detail, told my landlord (whos also a solicitor), and told my insurance. I was told not to do anything nowand just wait for her move as she may not even do anything. I really hope she doesnt though, I worked so hard on my business. I got broken into last year and barley survived and Im just getting back on my feet and now this. Im nervous it will push me over the edge, I know Im thinking way too much but I cant help it! :|

 

[taggyboy]

Oh sweety, try not to think about it. You've covered everything, signs, bannisters, people are responsible for their own safety as well. If she couldn't manage them she should have said.

As advised. Don't do anything, sit tight and wait.

Big hugs x

from Debbie's HTC Sense

 

[Carlalouise]

What do they say "where there's a blame there's a claim" it makes me sick! Just reading that she made out she fell from the top of the stairs to the bottom and saying it was 15 steps makes me think she's a liar and a chancer who's hoping to get a bit of cash from the insurance company.

I had a car accident the other day, someone went up the back of me, it was a shock and the guy caused a small amount of damage but nothing much, loads of people told me to claim for whiplash, I wasn't prepared to lie for a bit of cash, I'll earn my cash the conventional way with a clean conscience, it's a shame other people aren't prepared to!!

Good luck with it all, hopefully she will come to her senses.

 

[NailsXpress]

I cant see how she can claim. I think her solicitors (if she gets one) will say no when they see that there are signs and that she was told about the steep stairs, also there are TWO hand rails fitted.

I injured my hand at a salon I worked in, there wasnt an accident book there so couldnt enter it in one. I informed the salon manager. My hand got worse and I needed an operation in the end. When the Owner got very very nasty I decided to claim against her as I was off work for 3 months with it. She and everyone denied everything and the only person that could have helped refused. I ended up with nothing and life got so bad there for me I decided to leave and go self employed instead.

 

[FlawlessBeauty]

Aww Suzanne I really feel for you.

Now that you've had a good cry (probably the shock of it all) you can take a deep breath and carry on as normal tomorrow.

The other geeks have given you some great advice.

I don't think there is much left to say, but i don't think she has a claim at all.
She was verbally warned, there were written warnings, two handrails and nothing that caused her to trip, such as a wet floor or a rug. Maybe you could take a photo of the stairs, just so you have one for reference as they are, in case anything changes.

You didn't need to call an ambulance. She still wanted her treatment. She hasn't broken or sprained anything, but just has a few bruises and sore bits.

To be honest, if she does ask a solicitor, i don't think they would take her case. I think she might just be embarrassed and trying to put the blame on someone else.

My boyfriend fell down our stairs a little while ago and was pretty sore and a little scraped, but in a few days he was fine. Hopefully this will all blow over for you, but i wouldn't let it get to you hunny xxx

 

[Rinn]

poor you suzanne, you'll be ok when you get over the initial shock and upset, dont be worrying about it too much though the insurance will deal with it. write everything down though, times, dates exactly. hope you ok. x