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Why is this important?
You’ve been injured because of a service you've had done
This page tells you what you can do if you've been injured because of a service you've had done.
This means things like slipping and breaking your leg because of water a plumber has left on your floor or eating something in a restaurant which makes you ill.
If something like this has happened to you, you may be able to claim compensation for personal injury and financial losses such as loss of income and medical expenses.
Read on to find out more.
Examples of injuries caused by having a service done
Having a service done means employing someone to do work for you or paying for a service such as hairdressing, gym membership or car repairs.
Examples of injuries which can happen when you have a service done include:
- damage caused by a hairdresser applying chemicals poorly to your scalp
- having an accident in a gym due to faulty equipment
- having a car accident after your brakes haven't been fixed properly.
Sometimes, injury is caused not by someone you’ve employed but by a trader employed by someone else.
For example, your next door neighbour’s painter leaves a ladder against his wall in a dangerous position. You break your leg when the ladder falls on you. You can still make a claim against the painter for personal injury in this situation and ask them to compensate you for your losses.
If the injury is caused by a sub-contractor, such as a builder's sub-contractor, you can make a claim against the sub-contractor.
What can you claim for
You can claim compensation if a trader has done something, or not done something which it was reasonable to expect of them and you've suffered personal injury because of this. You may be able to claim compensation for damage and any financial losses such as loss of income, medical expenses or the cost of replacing ruined clothes. You must keep any financial losses you want to claim for to a minimum. This is called mitigating your loss.
What should you do
If you've been injured, the first thing you should do before deciding what action to take is get legal advice. A solicitor can give you advice about how serious the case is, whether it's advisable to take court action and what type of court action you should take.
Taking the wrong action could mean that you won't end up with all the compensation you're entitled to – especially if the full extent of your injuries doesn't become obvious until after you've made your claim.
If you've got a contract with the trader, it's useful to find out whether they have liability insurance. If they do, you might find it easier to make a claim on this insurance than going to court, although you will need to have evidence to prove your case, such as receipts, witness statements, and photographs. A solicitor will be able to advise you about this.
If you do need to make a claim in court, there are time limits for taking this type of action, so make sure that you get advice as quickly as you can after the injury occurs.
What if the trader has gone out of business?
If the trader has gone out of business since the injury occurred, you may still be able to make a claim against the person responsible for the injury, but you will need to have an address for them.