By Daniel Janeway. Last Updated 25th November 2022. If you have suffered a toilet bowel break injury as the result of negligence, you might be interested in making a claim. Following a broken toilet accident, you could sustain broken bones, dislocated joints, or even head injuries such as concussions.
However, not all cases of injury can form the basis of a successful claim. In order to be eligible to receive compensation, you will need to show that a breach of duty of care led to you being injured.
This guide will discuss the injuries you could suffer as a result of a toilet bowl break, as well as highlight the possible circumstances that could entitle you to make a claim. Furthermore, how our panel of solicitors can help you to make a successful claim for compensation with the help of their No Win No Fee services.
Our advisors can provide free legal advice, as well as a free valuation of your claim. To learn more, contact us by:
- Calling us on 0800 408 7825
- Filling out our contact form
- Using the Live Chat feature on your screen now
Select A Section
- What Is A Toilet Bowl Break Injury?
- How Could Broken Toilet Injuries Happen?
- Broken Toilet Seat – Example Injuries
- Who Is Liable For An Injury In A Toilet?
- What Evidence Could Support Your Claim?
- Toilet Bowl Break Injury Claim Payouts
- Start Your Toilet Bowl Break Injury Claim Today
- Essential Resources
It’s possible to suffer a toilet bowl break injury in any bathroom. The impact of this could leave you suffering significant physical harm and mental distress; if it was caused by negligence, you may be interested in pursuing a claim.
Not all cases of toilet bowl breaks can form the basis of a successful claim, however. For example, if you sustained an injury when the toilet bowl broke in your own home, you’d be unlikely to be eligible to claim.
In order to claim, you must be able to prove that:
- A third party owed you a duty of care
- They breached this duty of care
- You suffered harm as a result of this breach
If a toilet bowl has a break, crack, or any other kind of degeneration, it could pose a hazard. If it were to break, you could sustain a soft tissue injury because of the sharp edge of the broken bowl. Alternatively, if it came off the wall completely, it could cause you to fall.
To learn more about whether you could be eligible to make a claim following a broken toilet bowl injury, contact our advisors today.
There are numerous ways that a toilet bowl break injury could occur. An example could be that the seat is split and cracks, causing the user to fall to the floor.
Furthermore, poor maintenance of the porcelain bowl could see the toilet slowly deteriorate and eventually break apart. This could cause sharp edges in the porcelain to cut you, which could in turn leave a scar.
If you have suffered a broken toilet bowl injury as a result of negligence, get in touch today to find out how claiming could benefit you.
There are a variety of injuries you could suffer due to a broken toilet seat or cracked toilet bowl. If a toilet is broken, it is the responsibility of whoever oversees the area to make sure it is repaired.
Otherwise, their negligence could lead to any of the injuries below:
- Broken bones – You could fall from the toilet seat if the damage affects the structural stability. The impact with the ground could cause injuries to various parts of your body, including your back and even your hips.
- Cuts/lacerations – Ceramic or porcelain can be sharp and jagged if damaged. You could be cut by either material.
To find out if your injury could warrant a legitimate claim, get in touch with our advisors today.
Liability for a toilet bowl break injury depends on where the incident takes place. As we mentioned above, to claim compensation for a personal injury, you must be able to prove that your injuries were caused by the negligence of a third party.
There are two specific pieces of legislation that can help determine who is liable for your accident: These are the Health and Safety at Work etc. Act 1974 (HASAWA) and the Occupier’s Liability Act 1957 (OLA).
The HASAWA would apply if the accident takes place at work, as it outlines your employer’s duty of care. It states that they must take all reasonable steps to provide a safe workplace. If they breach this responsibility, for example, by failing to properly maintain the toilets in the workplace bathroom, and you suffer an injury as a result, they may be found liable.
In the case of the OLA, this would apply to any accident in a public place. This includes shopping centres, supermarkets, restaurants, pubs, clubs, and other such locations. The OLA places the duty of care on the occupier of the building or public space and dictates that they must take all reasonable steps to ensure the safety of any visitors. As such, if you suffer an injury as a result of a poorly maintained toilet bowl, the occupier of the building or space may be found liable.
For more information on liability in personal injury claims, contact our advisors. They can offer free legal advice and guidance surrounding your claim.
There are various forms of evidence that you could use to support your compensation claim. This evidence should back up how the toilet bowl break injury happened and how it has affected you. An example of this could include records that indicate a lack of safety checks or maintenance work on the toilet bowl prior to your accident.
Photographs of the broken bowl may also help, though for privacy reasons, images or CCTV footage of the bowl beforehand may be unavailable. Nevertheless, you may be able to take a photograph of the site post-accident, and you can also take photographs of your injuries.
You may be invited to an independent medical assessment later on in your claim. This may help to establish a connection between the accident and your injuries, as well as other potential complications.
For more information on how evidence can help strengthen your claim, please speak to an advisor today.
It can be tricky to put a precise amount on the compensation payout that you could receive for your accident. That’s because every injury has its own value based on the individual circumstances of the case.
However, we have constructed the table below to demonstrate some hypothetical payout figures as per the Judicial College Guidelines (JCG). The JCG provides guideline compensation brackets to help legal professionals such as judges and solicitors value claims. These figures cover what you could receive in general damages, which covers the pain and suffering caused by your injuries.
|Hip Injury (i)
|£73,580 to £122,860
|£78,400 to £130,930
|Hip Injury (ii)
|Up to £3,950
|Basic soft tissue injury with a full recovery
|Knee Injury (i)
|£14,840 to £26,190
|A dislocation or torn cartilage injury involving the knee
|Knee Injury (i)
|£69,730 to £96,210
|Serious knee damage that could cause osteoarthritis to develop
|Back Injury (i)
|£27,760 to £38,780
|A compression or crush fracture within the back that could cause osteoarthritis
|Back Injury (iii)
|Up to £2,450
|A minor injury with a full recovery inside 3 months
|£19,200 to £48,030
|A significant shoulder injury that brings about a permanent disability
|Shoulder Injury (i)
|£4,350 to £7,890
|A shoulder injury that will have a full recovery inside two years
|£5,150 to £12,240
|A collarbone fracture with a full recovery expected
|Wrist Fracture (e)
|In the region of £7,430
|A general Colles’ fracture with a full recovery expected
Special damages would focus on other additional costs you might incur as a result of your injuries, such as a loss of income following time off work, medical expenses, and travel costs for medical appointments.
It’s important to remember that the JCG can only provide guideline amounts and as such your actual compensation may vary. Our team of friendly advisors can offer a free valuation of what your claim could be worth when you get in touch today.
Our panel of expert solicitors work on a No Win No Fee basis. This means that if your claim is valid, you may be offered a Conditional Fee Agreement (CFA). Under a CFA, you do not need to pay any upfront or ongoing fees to your solicitor.
Should your case succeed, you will pay a success fee to your solicitor. This will be taken as a small percentage of your final award and has a legal cap to ensure that you retain the majority of your compensation. However, if your claim does not succeed, you will not need to pay any fees to your solicitor.
To take the first step towards making a No Win No Fee compensation claim, you can:
For more information surrounding claiming for a toilet bowl break injury, try:
- Our full guide on public place accidents.
- More information on accidents in shopping centres.
- And guidance surrounding back injury claims.
Or, for other helpful resources:
- NHS – How Do I Know If I’ve Broken a Bone?
- HSE – HASAWA Explained
- GOV.UK – Information on Statutory Sick Pay (SSP)
Article by AR