When a landlord is liable for a tenant injury

Who is liable for a tenant injury at a rental property?

There are a number of circumstances where a tenant occupying premises owned by a landlord can be injured, and sometimes the landlord may be liable for the injury.

Landlords and agents have a responsibility to ensure that the rental meets applicable state health and safety laws. This is especially crucial with property maintenance; a landlord and agency must ensure they have taken reasonable care to avoid foreseeable risk of injury to tenants, such as keeping the property in good repair.

Each state and territory in Australia have safety requirements that must be met.

Our client’s story

On a dark night at around 9pm, slightly drizzling with rain, our client Hannah (not her real name) slipped and fell on old, damaged and worn steps leading from the back garden of the premises of the rental property she was occupying.

She sustained a fractured right ankle which impacted her daily activities, including, crucially, the ability to care for her grandson.

Hannah had never complained about the state of the stairs prior to the fall.

This matter was challenged in court by Hannah’s landlord and the real estate agency that managed the property on behalf of the landlord. After a contested hearing, the court found that the extent of a landlord’s duty includes an obligation to keep the premises in good repair, including prior to the commencement of a lease.

The managing real estate agent was also found to have breached its duty of care in not identifying the hazard.

Hannah was awarded $200,000 for her medical expenses and ongoing care costs.

When a landlord or real estate agent is negligent

Generally, a landlord may not be held liable for injuries caused by a hazard that they did not know about.

However, in Hannah’s case, they were found to be negligent as they ought to have known about or identified the hazard as part of regular inspections, or prior to the commencement of the lease, due to the complete disrepair of the steps.

It is crucial for property managers and landlords to ensure they are aware of their legal obligations and take steps to fulfil them. They can do this by addressing repair needs, fixing hazards, complying with safety requirements and conducting regular inspections.

Contact us

If you’ve been injured in a rental property, you  may be eligible for your pain and suffering. This compensation can range from hundreds of thousands of dollars – and into the millions in extreme cases.

This usually includes compensation for:

• Pain and suffering
• Loss of enjoyment of life
• Past loss of earnings
• Loss of future wages
• Past and future medical expenses; and
• The cost of care provided to you by family members or professional care providers.

Visit our Public Place injury page for more information, or call one of our professional lawyers today on 1300 333 300.