Personal Injury "Blackmail"

[thomas]

hmmm, wondering if there were any experts out there! Basically, someone in my flat at UNI broke the window. I was told by the person's room mate who it was and I obviously know it wasn't me. I told the accommodation office this and they have emailed him about it, but he has denied it.

Now, I don't want to pay for someone else's mistake/because they were mucking around.

Now, the 'blackmail' part...

Before Christmas one of the taps came off in the bathroom and this gave me terrible neck pains. I went to my first lecture, but my neck was, really sore the whole way through so I went up to the medical centre. I got prescribed Ibuprofen* and had what the doctor called a 'Neck Spasm'. It did hurt for a few days and I couldn't move my neck from a sideways position, but I wasn't really that bothered at the time about fussing to the accommodation office about it.

(*okay, hardly strong stuff - maybe it was technically a "man neck spasm" )

Now, I don't know if it is too late, or what the case, but would I have a case against the University for personal injury? I'm not really that bothered about pursuing it, but if they want to charge me for this window then I don't see why I shouldn't claim for the neck....or we work out some sort of mutually beneficial outcome where for my 'pain and suffering' they pay for my share of this unclaimed, broken window.

I've looked through the contract for my room and it says:

10. The University OR where appropriate UEASR will not be liable to the Licensee for:
10.1 Any loss, damage or inconvenience (save for death or personal injury caused by the
negligence of the University OR where appropriate UEASR) which may be suffered by the
Licensee as a direct or indirect result of the inability of the University OR where appropriate
UEASR by reason of circumstances or events beyond the University’s OR where appropriate
UEASR reasonable control to provide equipment, commodities and services in accordance with
the Licence, including without prejudice to the foregoing in the event that heating and/or
electricity apparatus is shut down for the purpose of essential maintenance and/or so that the
University OR where appropriate UEASR may comply with its statutory obligations with regard to
such apparatus.

Does the second bold bit mean they are liable for personal injury/death?


So far, I tried phoning some dodgy no win, no fee but they said that for 3/4 days of suffering they wouldn't be willing to take it on and to phone citizen's advice. I've done that, but all the advisers were busy so I decided to ask you lot

I've contacted the medical centre about how I would get a copy of the doctors appointment...I've still got the ibuprofen packaging and the sticky 'prescription' label on it. The UNI would presumably have a record that someone came out to fix a tap on the date of my doctors appointment.

I guess, my main question is, what does that bit in the contract mean? Does it mean they are still liable for personal injury?

Anyone got any advice about how I should go about this, as in the end of the day I just want to get out of paying what is probably no more than £30 - it is the principal of it though.

I can honestly say that for a few weeks after my neck felt a bit week and I was worried that with any sharp movements the 'spasm' may have come back and very, very, very occasionally I have had the odd, similar neck pain (which may or may not be caused by the tap coming off)....so I wouldn't feel guilty for claiming the injury from the UNI...I was actually injured.

 

[punkypossum]

How did you get neck spasms from a bathroom tap coming off? I'm confused!!!!

 

[thomas]

How did you get neck spasms from a bathroom tap coming off? I'm confused!!!!

When you go to wash your hands you don't expect the tap to come off in your hand, and water to go shooting up. The doctor said, the neck spasm would have been caused by me being surprised by this, clenching and a muscle in my neck doing something stupid.

(well, I made up the last bit - it was a while ago)

It was definitely caused by the tap coming off though - I've no doubts about that.

I guess what I had would be similar to a swift, unexpected jerk of the neck. So maybe like whiplash (I don't know)...all I know is it did hurt and my friends got fed up of my whining

 

[GrahamG]

It was an accident, just accept that these things happen and forget about it. You had a sore neck, fine, but at least you now know not to yank at taps like a toddler snatching a lollipop - think of it as a life lesson.

 

[4F]

If it was causing you that much problem at the time you should have claimed for it then. Have you spoken in person to the one claimed to have broken the window ? Can you trust the room mate who told you who allegedly did it, how do you know they did not break it and are trying to shift the blame ?

 

[johnnyh]

the idea of trying to claim for a neck spasm that might have been down to a tap falling off is quite frankly exactly what is so gone wrong with this country.

 

[fossyant]

You are certainly taking it too far..... taps can come off - it's not the Uni's fault - you'd have to prove negligence. I feel you'd be wasting your time. If you know who broke your window you'll have to chase then, as your accommodation is your responsibility.

 

[Night Train]

I think it does mean that they are liable for any personal injury but they could state that they could not have known about the tap before hand, had no previous notice of it being faulty and that it was unforeseeable therefore it is not negligence and so get out of liability that way.

For the broken glass, if the room is in your name then you are liable.
If you know who broke it, and have a witness, you can attempt to claim the cost back from that person.
If the flat is in joint names then you are all jointly liable.
If the person who broke the glass is not responsible for the flat then you will still have to pursue them yourself to recover your costs.

 

[thomas]

If it was causing you that much problem at the time you should have claimed for it then. Have you spoken in person to the one claimed to have broken the window ? Can you trust the room mate who told you who allegedly did it, how do you know they did not break it and are trying to shift the blame ?

The person who told me and his flat mate are best friends and I don't believe he would lie about it.

It was an accident, just accept that these things happen and forget about it. You had a sore neck, fine, but at least you now know not to yank at taps like a toddler snatching a lollipop - think of it as a life lesson.

I accept accidents happen, but believe the appropriate party should come forward for it. As for 'snatching' the tap, it came off very, very easily and when I left the other tap in that bath room seemed to be a bit loose at the base which may suggest another one will come off.

I think it does mean that they are liable for any personal injury but they could state that they could not have known about the tap before hand, had no previous notice of it being faulty and that it was unforeseeable therefore it is not negligence and so get out of liability that way.

For the broken glass, if the room is in your name then you are liable.
If you know who broke it, and have a witness, you can attempt to claim the cost back from that person.
If the flat is in joint names then you are all jointly liable.
If the person who broke the glass is not responsible for the flat then you will still have to pursue them yourself to recover your costs.

It was in a communal area so all members of the flat, at technically, jointly liable when something is damage.

I spoke to the lady both with who I was told did it and who witnessed it. I do not think she has actually spoken to the guy who witnessed it (just the person he accused) and she has just sent around a few emails.

 

[joolsybools]

Whereabouts was the window? Is this something that could have been caught on CCTV?

 

[thomas]

Whereabouts was the window? Is this something that could have been caught on CCTV?

Nah, there isn't CCTV on that side of the building. In theory, anyone could throw a stone at the building (any member of the public)...but I tried claiming could the damage have been caused by a strangers, but apparently the maintenance department say it definitely happened inside.

I have a feeling Night Train might be right about them not being liable for the neck.

I've emailed a few flat mates to see what their reaction to it is.

I know next year I am liable for broken windows in my house, unless it was part of forceful entry and stuff was stolen. I don't really have a problem with being liable for it - it just annoys me when people lie about it and make everyone else pay.

I don't know what it would cost - it is a big window!

 

[Night Train]

So how did someone in your flat break a communal window? Were they in your flat at the time or out of your flat at the time? Is that person a visitor or did they have a licence to live in your flat (or any other flat in the building)?

I don't think you can be liable if someone outside of your flat broke a communal window that was also outside of your flat.

 

[thomas]

So how did someone in your flat break a communal window? Were they in your flat at the time or out of your flat at the time? Is that person a visitor or did they have a licence to live in your flat (or any other flat in the building)?

I don't think you can be liable if someone outside of your flat broke a communal window that was also outside of your flat.

The person who broke the window is a resident of the flat/hall, they were in the flat at the time. I was told it definitely was caused from within the flat "as it was the inner pane that suffered severe damage."


This is the part of the contract they are using to claim the damage from us with.

"The Licensee will not:
13.2 Damage or allow others to damage any part of, or equipment in, the Residential Premises including the communal areas. Where the cause of cost or repairing or replacing items or areas damaged in communal areas cannot be attributed to individuals all residents of the house or flat will be invoiced an equal share of the cost to the University OR where appropriate UEASR of the additional costs and administration save for any resident who can reasonably demonstrate that he or she was not present when the damage occurred."

The accommodation office haven't received email replies from people about it (from what I am aware, I am probably the only person, along with the person who allegedly did it, emailing them back saying he didn't and maybe one of the American girls who could prove she wasn't there).

the idea of trying to claim for a neck spasm that might have been down to a tap falling off is quite frankly exactly what is so gone wrong with this country.

What is wrong with this country is people breaking a window and not owning up to it, therefore making 12 other people pay for something they caused.

The neck spasm was caused by the tap - no might.

From what I am aware it was an accident, though the people who would have been in the kitchen always muck around, throwing things around (you'll come in the morning after to find chicken bones tossed on the floor). Apparently, he slipped and that's what happened, but it would be just as likely he was play fighting with someone and got pushed into the window.

 

[Night Train]

The person who broke the window is a resident of the flat/hall, they were in the flat at the time. I was told it definitely was caused from within the flat "as it was the inner pane that suffered severe damage."


This is the part of the contract they are using to claim the damage from us with.

"The Licensee will not:
13.2 Damage or allow others to damage any part of, or equipment in, the Residential Premises including the communal areas. Where the cause of cost or repairing or replacing items or areas damaged in communal areas cannot be attributed to individuals all residents of the house or flat will be invoiced an equal share of the cost to the University OR where appropriate UEASR of the additional costs and administration save for any resident who can reasonably demonstrate that he or she was not present when the damage occurred."

The accommodation office haven't received email replies from people about it (from what I am aware, I am probably the only person, along with the person who allegedly did it, emailing them back saying he didn't and maybe one of the American girls who could prove she wasn't there).

So please clarify:
The person who broke the window shares a flat with you in the same building where there are other flats
or
The person who broke the window rents another flat in the same building that your flat is in

If it is the former then the cost of the repair will be down to both of you and whoever else shares your flat with you.

If it is the later then they need to invoice the flat that the other person lives in.

If you are absolutely certain that this person caused the damage then tell all the other residents in the building that they will be getting a share of the cost because X wouldn't own up. Let the masses decide.

 

[Night Train]

From what I am aware it was an accident, though the people who would have been in the kitchen always muck around, throwing things around (you'll come in the morning after to find chicken bones tossed on the floor). Apparently, he slipped and that's what happened, but it would be just as likely he was play fighting with someone and got pushed into the window.

If he can claim it was an accident then what is he concerned about? He should still pay for it and then make an issue about cleanliness of the floor and the H&S aspects of it.