Compensation For Personal Injuries Caused By Strong Winds
Statistics show that the roofs of over a million UK homeowners are damaged by high winds every year, and the last few days will have already seen tens of millions of tiles dislodged from roofs across the country. With very strong winds from the Atlantic set to continue, it is worth looking at the question of who is responsible for people getting injured, and property being damaged, by falling and flying tiles. Tiles come in all shapes and sizes; they may be made of ceramic, terra cotta or cement, and are often weighty, sharp-edged objects, potentially capable of causing serious injury on impact.
Commercial organisations, including shops, restaurants and hotels, have a legal duty to ensure that their premises are reasonably safe for visitors, and that all fixtures on the property, including roofs, are properly maintained. Private companies must hold public liability insurance, to indemnify them in the event of a visitor to their property getting injured. Were a tile to fall from a roof in a pub beer garden for example, striking a customer on the head and injuring them, the pub’s owner or occupier would be liable, and compensation would ultimately be paid out under the terms of their public liability insurance policy.
When a tile falls from a private property, causing injury or property damage, the person or people responsible for the maintenance of the property will be consequently liable, and it will be possible to claim damages from their insurers. They will normally be covered as part of a home or property owner’s insurance policy, that includes public liability, held by the owner-occupier or landlord of a property. Otherwise a housing association or local council may be responsible for housing disrepair and poor maintenance, which has directly lead to tiles falling from roofs, causing injury or property damage. In these circumstances it will also be possible to make a compensation claim against these bodies.
Our specialist personal injury solicitors have dealt with a number of cases over the years, on behalf of clients injured by falling tiles during windy conditions. Occasionally insurance companies may dispute a claim for damages, on the basis that it is impossible to protect against very strong winds, or else they may seek to blame a third party for the accident. For these reasons it is important to seek advice from solicitors such as ourselves, with the necessary expertise and experience in both personal injury and property related legal matters.
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