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 Butcher, 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.
Mrs. Butcher was halfway through her nursing training in 2015 when she fell from the stairs at her property, breaking her ankle and injuring her spine. Now Mrs. Butcher uses a walker and can’t lift anything heavy, and has had to face the fact she’ll never become a nurse.
She claims in newspaper articles the fall was caused by a leaking gutter and dilapidated stairs. Despite complaints from Mrs. Butcher, as well as former tenants, both of these issues went unfixed 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, the landlords and property agents generally have insurance coverage in relation to such claims to avoid risking their own.
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, and 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 on the need for maintenance.
If the Landlord or the Property Agent fail in their duties, and that failure results in injury, the Landlord and/or the Property Manager can be held liable for your injury.
It helps where there have been complaints of defects, yet nothing has been done to remedy those defects.
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: March 6, 2019.