Accidents caused by faulty or poorly maintained equipment can happen when equipment provided for public use is defective, damaged or not properly maintained. For example, a person may be injured if a seat is broken, defective play equipment in a playground or if automatic doors are faulty.
To make a claim, it is usually necessary to show that the accident happened because another person or organisation was negligent. In many cases, the claim will be brought against the occupier of the premises under the Occupiers’ Liability Act 1957. In some cases, particularly where a defective product itself caused the injury, there may also be a separate claim under the Consumer Protection Act 1987, which makes producers and certain others liable where damage is caused by a defective product. That legislation applies to personal injury claims without the £275 minimum that applies to some property damage claims.
- Injuries caused by faulty or poorly maintained equipment in a public place can include:
- Broken bones and fractures
- Head injuries
- Back and neck injuries
- Soft tissue injuries
- Ligament and tendon damage
- Cuts and lacerations
- Scarring
- Crush injuries
- Psychological injuries such as anxiety, PTSD and depression
The impacts of such injuries have a major impact on an individual's life, not just physically but financially and emotionally as treatment, travel expenses and time off work may be necessary for ongoing rehabilitation and care requirements.