Just wondering...
We have some guests this week, who complained about our stairs, saying that it is rather steep.
Though we suspect that first she has been drinking and secondly she was wearing flip flops which makes going up and down stairs abit more difficult.
The husband said that we could be looking at a claim if somebody else has a bad fall.
What do you think? Is it possible for someone to sue you for negligence in France?
Injury claims
What do they expect you to do about stairs? I imagine they're either steep ... or they're not.
But if you agree that they're steep, could you maybe consider adding it to your property description or even adding a photo?
Our insurance includes some sort of public (or is it personal?) liability insurance to give us some cover if anyone makes a claim. Last year one of our sun recliners collapsed when an apparently very large guest sat in it. He told our manager he'd hurt his back 'but wouldn't claim damages as long as she made sure we didn't deduct the cost from his damage deposit.' We didn't (wouldn't have anyway) and nor did he!
But if you agree that they're steep, could you maybe consider adding it to your property description or even adding a photo?
Our insurance includes some sort of public (or is it personal?) liability insurance to give us some cover if anyone makes a claim. Last year one of our sun recliners collapsed when an apparently very large guest sat in it. He told our manager he'd hurt his back 'but wouldn't claim damages as long as she made sure we didn't deduct the cost from his damage deposit.' We didn't (wouldn't have anyway) and nor did he!
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kevsboredagain
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Yikes about the recliner incident.
People will try to sue other people for anything.
Can't live life fearing that somebody will sue u for any little thing.
We did mention about steep stairs, that is why I always make sure if it's elderly guests staying... to use the downstairs bedroom.
But I am definitely considering putting a photo and mentioning that again, but sometimes there are those who makes it difficult for others.
People will try to sue other people for anything.
Can't live life fearing that somebody will sue u for any little thing.
We did mention about steep stairs, that is why I always make sure if it's elderly guests staying... to use the downstairs bedroom.
But I am definitely considering putting a photo and mentioning that again, but sometimes there are those who makes it difficult for others.
As long as the steepness of the stairs is mentioned (if they are indeed more steep than average) and there is a suitable handrail or what have you then I think you should not have a problem. Anyone suffering injury while on your premises has the right to sue, but if you have taken all reasonable precautions to alter them to hazards then this minimises the prospect of their claim being successful. Having liability cover and legal expenses insurance is a must though.
Last edited by Casscat on Mon Aug 17, 2015 7:16 pm, edited 1 time in total.
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anya752000
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If you are resident in France would it be a French or English (for the want of a country) legal case? French courts V, expensive, are there no win no fee ambulance chasers in France? Costs for a french court would cripple the average Brit into submission.
A good reason to have the breathaliser kits in your car? Any guest falling over must be prepared to take a breath test, stick that in your T & C's
A friend of mine having just put in a staircase has the dimensions of the goings and risers which weren't that different to the UK. I will endevour to find out so you can all check your stairs. In the meantime instruct them to take more water with it!
A good reason to have the breathaliser kits in your car? Any guest falling over must be prepared to take a breath test, stick that in your T & C's
A friend of mine having just put in a staircase has the dimensions of the goings and risers which weren't that different to the UK. I will endevour to find out so you can all check your stairs. In the meantime instruct them to take more water with it!
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Agree with all the others.
As long as you have taken all the precautions necessary - they can certainly sue - but they wouldn't necessarily be successful.
If you were to create an Access Statement which included photos and measurements of staircase - along with some kind of written warning I'm sure you'd be fine.
Mr Guest would have to prove something like the stair carpet was loose and you were therefore negligent.
The mere existence of steep stairs would not be sufficient. although, of course he might try...and that in itself would be stressful enough for you.
As long as you have taken all the precautions necessary - they can certainly sue - but they wouldn't necessarily be successful.
If you were to create an Access Statement which included photos and measurements of staircase - along with some kind of written warning I'm sure you'd be fine.
Mr Guest would have to prove something like the stair carpet was loose and you were therefore negligent.
The mere existence of steep stairs would not be sufficient. although, of course he might try...and that in itself would be stressful enough for you.
Pretty much what tavi says.
Caveat - IANAL (and definitely not French!)
You need to show due care in making guests aware of the nature of the stairs - a website highlight to warn the disabled or hard of thinking (flip-flops fercrissake?
)
You need to have reasonable measures in place to reduce the risk (eg a handrail).
Without those, an insurer providing your liability cover might not pay up, citing negligence on your part, and you'd be hung out to dry.
With those in place, and the negligence angle covered, the insurer would probably fight the claim tooth and nail on your behalf to avoid paying up - but that's their fight, not yours.
Caveat - IANAL (and definitely not French!)
You need to show due care in making guests aware of the nature of the stairs - a website highlight to warn the disabled or hard of thinking (flip-flops fercrissake?
)You need to have reasonable measures in place to reduce the risk (eg a handrail).
Without those, an insurer providing your liability cover might not pay up, citing negligence on your part, and you'd be hung out to dry.
With those in place, and the negligence angle covered, the insurer would probably fight the claim tooth and nail on your behalf to avoid paying up - but that's their fight, not yours.
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RichardHenshall
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http://www.stairplan.co.uk/regulations.htm appears to put some numbers on what is required in the UK and would provide something to easily gauge the 'steepness' against.
One of our gites had a steeper than 'normal' staircase with an open tread design and we used to mention it specifically in advertising as "may not be suitable for the very young or the very old". Most seemed to cope. Toddlers, younger children would go up on all fours and come down on their bottoms and seemed to think it was all quite fun. Perhaps, we should in future say "may not be suitable for the very young, the very old, the infirm and those of a p**sed disposition".
I'm not sure I agree that an insurance company would fight hard on your behalf - our experience of 'professional insurance' has been very much of the Gallic shrug and that they question whether they should pay, help etc. They are always looking for an excuse not to do anything.
I'm not sure I agree that an insurance company would fight hard on your behalf - our experience of 'professional insurance' has been very much of the Gallic shrug and that they question whether they should pay, help etc. They are always looking for an excuse not to do anything.
Thanks everyone for your amazing insight.
First will check with insurer for future references.
And will also check versus the measurements.
And yes I do mentioned re the young and elderly for the stairs in the smaller gite, but never found the other one that steep.
When you had a few tippers, you can fall over anything
First will check with insurer for future references.
And will also check versus the measurements.
And yes I do mentioned re the young and elderly for the stairs in the smaller gite, but never found the other one that steep.
When you had a few tippers, you can fall over anything