Management company liable for damages in flat claim


Simpson Millar has won compensation of £3,500 for a flat-dweller who suffered a neck injury due to rubbish that had been ignored by building managers.

At around midday on 20 May 2009, a woman went to the communal waste-bin area of her council flat in Wandsworth. She noticed that furniture had been discarded on both sides of the main metal doors – a not-unusual situation, given how often she and her neighbours had previously complained, both to the building management and to the local council, about the bin area's condition.

As she opened the doors, she slipped on the rubbish on the floor. This caused her to hit her face on the metal doors, then lose her balance and fall backwards.

She sustained soft tissue injuries to her neck and back, as well as suffering concussion and injuries to her head and her teeth.

In our claim, we highlighted an unassailable fact: that the defendants were aware of the problem of discarded waste in the bin area, and that this was hazardous, but they failed to take adequate steps to rectify the problem. We were able to support this with copies of the complaints and cleaning records.

We successfully secured a settlement from the building's managers, after commencement of proceedings, with a damages award to our client of £3,500.

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