Who is considered at fault when someone is injured in a rental property? Is it up to the landlord? The property agent? Or does the tenant have to take full responsibility for their own safety and bear the consequences if anything goes wrong?
If you’ve been injured in an accident in your rental property, you may be able to make a claim for compensation.
Nicole, a 40-year-old mother of three, is suing the owners of her Crestmead rental property and the real estate agent for compenstion due to the injuries she sustained.
Nicole was halfway through her nursing training when she fell from the stairs at her property; breaking her ankle and injuring her spine. Now Nicole has to use a walker and can’t lift anything heavy, so has had to face the fact that she’ll never become a nurse.
She maintains the fall was caused by a leaking gutter and dilapidated stairs. Despite complaints from Nicole, as well as former tenants, both of these issues were not addressed for two years.
Can I make a claim?
If you were injured in your rental property and you can prove your injury was caused by someone else, you can make a Public Liability claim. In a Public Liability claim, the person liable for your injuries has to pay compensation. However, landlords and property agents generally have insurance coverage in case of such claims.
Duty of care
Landlords have a duty to ensure that the premises are fit for the tenant to live in, and that the premises and inclusions are in good repair at the start of the tenancy. They are also required to maintain the premises, such that it remains fit to live in and in remains in good repair throughout the period of the tenancy.
Property Agents are generally appointed to undertake property management services on behalf of the Landlord, including conducting proper inspections and reporting to the Landlords regarding the need for maintenance.
If the Landlord or the Property Agent fail in their duty of care, and that failure results in an injury, the Landlord and/or the Property Manager can be held liable for your injury.
It is a good idea to keep a record of any complaints you make about defects or potential dangers or any repair requests, as this can help with your claim if they went unaddressed.
Shine Lawyers - we're here to help
Shine Lawyers are experts in the field of Public Liability and will take on your claim on a “no win, no fee” basis in order to help you get the compensation you deserve. For more information and to get in touch with us, visit our dedicatated Public Liability claims page.
Written by Shine Lawyers. Last modified: November 5, 2019.