Compensation from your landlord
If you’ve been injured in your rental property through no fault of your own, you may be eligible to seek compensation from your landlord.
Duty of care
Landlords have a duty of care to provide a safe property for tenants to live in, and to take reasonable care to avoid the risk of harm to tenants and guests. Landlord responsibilities include arranging for regular building inspections and hiring qualified tradespeople to perform repairs immediately when necessary.
A landlord’s duty of care does not require them to make the house as safe as it possibly can be or to replace a non-defective item just because a safer version is available. Landlords also cannot be held accountable for dangers that they knew nothing about.
What are my rights?
Both landlords and renters have legal rights and responsibilities. If your landlord neglects to carry out repairs or maintain the property, you should first try to work out a solution with them personally. If that doesn’t work, you can get a Notice to Remedy Breach form from the Residential Tenancies Authority in Queensland or a similar organisation in your state such as Consumer Affairs Victoria. You can find more information about giving your landlord a Breach of Duty notice in Victoria here: https://www.tuv.org.au/advice/breach-of-duty-notices.
If your landlord fails to comply with your Breach of Duty notice you can apply for compensation.
Note that you cannot claim compensation for pain and suffering, physical injury or death through an organisation like the Victorian Civil and Administrative Tribunal (VCAT). These claims must be made in the courts.
How do I know if I have a claim?
Perhaps the landlord failed to conduct regular inspections that would have identified the danger that caused your injury. Perhaps the landlord was warned of the danger but failed to act within a reasonable timeframe. In either of these situations, you may have a claim.
Check if you have a claim with our simple, free online tool.
What we will ask:
Details about the accident and injuries that may have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no-obligation appointment with a compensation law expert right away or,
Speak with our team about your options
If you are experiencing persistent symptoms after being injured, and another person, business or organisation is responsible, you may be able to make a public liability claim.
To help you make a successful claim, we recommend collecting evidence as soon as possible after your injury.
This evidence may include:
Taking photographs of the injury, and the location where the injury occurred.
Writing down what happened to you. Recording the contact details of any witnesses.
Sharing with your lawyer a record of the report you made of your injury and any response you received from those responsible.
Keeping any medical record of your injury. This includes appointment dates, medical certificates and x-rays.
Recording any expenses or lost wages due to your injuries.
How Shine can help
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand.
We are ready to take action against those at fault for your injuries and right wrong.
Public liability FAQs
Are there any Shine property law experts near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you’d like to speak to our public liability team in person, you can see our full list of locations here.
If you aren‘t able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Can I represent myself, or do I need a public liability lawyer?
It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Without an experienced public liability lawyer in your corner, it can be difficult to identify and highlight the strength of your case.
Without the right legal advice and support, you then may not receive the compensation you deserve.
Why trust Shine to be my property law and tenants' rights lawyers?
At Shine Lawyers, we put your first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to help you get the justice you deserve.
Our empathy, understanding and expertise are why we’re ahead of the pack. We’ll stand with you and guide you through every step of the way.