can i sue council for negligence and how do i go about it?

[agray35]

back in march i got offered a new council property and went and viewed it. i complained about the back fence as i have 5 children and it was falling down and being held up by a door. 2wks ago i finally moved into the property to find the fence still the same. i have been uo to the council a few times to report it as a repair, on friday i was told the HMO has been out and seen the fence and has removed it from repair as it in their opinion is satisfactory. I have taken pictures of the fence and showed a government H&S executive and they confirmed the fence is NOT satisfactory. on saturday i ended up in A&E with my teenage son as while bringing in my washing caught his foot on the door and went over on his ankle athough the injury was minor it could of been a lot worse and it could of been my 4yr old. i have picked up a claim form from the council but i am unsure whether i should get a solicitor involved to handle it or just fill in the form and leave it in the councils hands??

[Count-A-Strong]

What exactly are you going to sue them for and what was your teenage son doing to be injured?

[stonekicker]

go to a no win no fee if you have no money, or better still see a brief and get them to write a letter outining your case. don't hold your breath, tho...x

[boxtops]

Is there a fault with the door as well as with the fence? You can only sue the council if you can prove they were negligent, was there a fault on the door that was reported but not fixed? Otherwise it's just an accident, nobody's fault.

[sara3]

how minor? fracture? stitches?

none of the above?

[dothawkes31]

This accident happened in your garden, how do you think you can sue your landlord? It is their decsion not to replace the fence, if your son was able to trip over the door that formed part of the boundary fence, why is your washing line so near to it? I can't imagine how he got close enough to a door that was supposedly taking on the role of a fence panel.

[dothawkes31]

Plus, what method have you utilised to train your reenage son how to bring washing in?

[B00]

Afraid I'm siding with Redhelen on this one.

If you were that worried about your 4 year old over the fence you'd have fixed it yourself within the 2 weeks you'd been living there. At the very least make it safe for your family.

Why has everyone suddenly become a "I have a problem, someone else has to fix it or compensate me" kind of person?

[sara3]

dot, my son would have a go if you paid him.

[bednobs]

just take the fence down if it's that bad ... there is no obligation to even have a fence there.
Seriously, what do you actually need compensating for?

[carrot99]

don't let your 4 year old bring in the washing - especially if they have to stand on something to reach the line as that would be dangerous - at least until that door is sorted.

(Also make sure you take any knobs or handles off the door - they are bound to end up poking one of the children in the eye).

[B00]

Ya, knobs are very dangerous for your health.

[ChuckFickens]

errr, I don't agree with the OP wanting to sue.... but it wasn't the 4yr old that was bringing in the washing and hurt themselves, it was a teenager (so they really should have known better)

[carrot99]

exactly Boo - I should have also added watch out for knockers too!!

[boxtops]

I misred this, I thought it was the back door, it is all too confusing.

[sara3]

Chuck, that's why my daughter won't do anything around the house..

[B00]

There's a joke about knobs and knockers and 5 children Carrot, but i'll refrain :P

[poodicat]

you having a giraffe?

[4getmenot]

Could HAVE, would HAVE, should HAVE!!! Sorry one of my pet peeves. Doubt you would be able to sue them, solicitors are quite expensive. Maybe speak to your local councillor about it, they may be able to help.

[agray35]

thanks for comments.....
redhelen- it aint a NEW house but new property to me! Why should i fix the fence when it is a council property and they should maintain it
The door is not part of the fence it is holding the fence up! the previous tenant placed the door there to stop the fence falling down.
My 4yr is not allowed to be in the back garden due to the fence. She has been shacked up in a flat for the last 4yr the first chance she has of freedom in a garden she cant use it