Personal Injury Lawyers
Rental Property Compensation Claims

Rental property injuries that may qualify for compensation include:

• Fires as a result of faulty electricity supply
• Injuries from falling lights or defective fixtures
• Tripping and falling on unsafe decks or floorboards
• Balcony collapses due to structural defects
• Accidents caused by defective roofs or ceiling collapses
• Injuries on unsafe footpaths and driveways
• Falls from faulty railings or balustrades
• Falls from unsafe or poorly maintained bunk beds
• Trips on potholes and uneven ground around the property
• Falling down unsafe or poorly maintained stairs
• Exposure to mould or other hazardous conditions
• Injuries from faulty plumbing causing flooding or electrical hazards
• Accidents due to inadequate lighting in common areas
• Injuries from defective doors, windows, or security features

To establish a valid rental property injury claim, you must prove that the landlord, property manager, or other responsible party breached their duty of care by failing to maintain safe premises or address known hazards. 

At Stacks Goudkamp, our experienced personal injury lawyers carefully assess whether those responsible for your rental property failed in their obligations to provide safe accommodation.

Various parties can be held liable for rental property injuries, including:

• Landlords (property owners) who have ultimate responsibility for property safety
• Real estate agents and property managers who may have assumed management obligations
• Owners corporations in apartment complexes responsible for common areas and building maintenance
• Strata management companies overseeing building operations
• Tradespeople who performed inadequate or defective repairs
• Construction companies responsible for building defects
• Local councils for public areas adjacent to rental properties
• Utility companies for faulty services causing accidents
• Previous tenants in rare circumstances involving dangerous modifications

The key factor is determining who had control and responsibility for the area where your accident occurred. In some cases, multiple parties may share liability for your rental property injury, particularly in apartment complexes where responsibility may be divided between landlords, owners corporations, and managing agents.

At Stacks Goudkamp, we thoroughly investigate all potentially responsible parties to ensure your rental property injury claim is comprehensive and properly directed.

Proving negligence in rental property injury claims requires establishing:

• The responsible party owed you a duty of care as a tenant or lawful visitor
• This duty was breached through negligent acts or omissions
• The breach caused your accident and injuries
• You suffered compensable damages as a result

We gather evidence from various sources, including:

• Rental agreements and property management contracts
• Previous correspondence about maintenance issues or safety concerns
• Property inspection reports and maintenance records
• Photographs of the hazardous condition and accident scene
• Witness statements from other tenants or visitors
• Expert opinions on building standards and property management obligations
• Medical records documenting your injuries and treatment
• Evidence of previous complaints about similar hazards

For rental property claims, we must establish that the responsible party knew or should have known of the defect and had reasonable opportunity to address it. Previous tenant complaints, inspection reports, or ongoing maintenance issues can be crucial evidence.

At Stacks Goudkamp, we work with experienced investigators and property experts who can determine whether landlords and other responsible parties met their legal obligations under tenancy and safety laws.

As a tenant in NSW, you have specific rights regarding property safety, including:

• The right to live in safe and secure premises
• The right to reside in a property kept in reasonable repair
• The right to have the property inspected to identify risks of harm
• The right to have faulty or defective fixtures removed and adequately replaced
• The right to prompt repairs of safety hazards
• The right to proper maintenance of common areas (in apartment complexes)
• The right to functioning safety equipment like smoke detectors
• The right to safe electrical and plumbing systems
• The right to structurally sound buildings and fixtures
• The right to be warned of known hazards that cannot be immediately repaired

These rights are protected under the Residential Tenancies Act 2010 (NSW), Civil Liability Act 2002 (NSW), and common law. Landlords cannot avoid these obligations through lease clauses, and tenants cannot be required to waive their rights to safe accommodation.

If these rights are violated and you suffer injury as a result, you may be entitled to compensation regardless of what your lease agreement says about repairs or liability.

At Stacks Goudkamp, we ensure landlords and property managers are held accountable for meeting their legal obligations to provide safe rental accommodation.

Compensation for rental property injuries typically covers:

• Pain and suffering and loss of enjoyment of life (non-economic loss)
• Past and future medical expenses for treating your injuries
• Past and future loss of income and earning capacity
• Loss of superannuation contributions
• Care and assistance needs during recovery
• Rehabilitation and therapy costs
• Travel expenses related to medical treatment
• Home modifications if permanent disability resulted
• Alternative accommodation costs if the rental becomes uninhabitable

Pain and suffering compensation is calculated on a scale by reference to a ‘most extreme case’ (currently around $700,000 for catastrophic injuries like quadriplegia). Your compensation is scaled down from this amount based on the severity of your injuries.

The value of your rental property injury claim depends on your prospects of success and the seriousness of your injury. Most rental property injury claims settle before reaching court, with settlements typically determined by predictions of what a judge would likely award.

At Stacks Goudkamp, our personal injury lawyers work with medical experts and financial advisors to ensure all impacts of your rental property accident are properly quantified and included in your claim.

In NSW, strict time limits apply to rental property injury claims. Generally, you have:

• 3 years from the date of your accident to commence court proceedings
• In some circumstances, this period can be extended where you didn’t have proper diagnosis of your injury or couldn’t identify the correct defendant

However, there’s no guarantee that time will be extended, and courts apply strict criteria for extensions. Some factors that may affect the limitation period include:

• Discovery of the full extent of your injuries
• Identification of the responsible party (landlord, property manager, or owners corporation)
• Mental incapacity at the time of the accident
• Being under 18 years of age when the accident occurred

We strongly recommend contacting a personal injury lawyer as soon as possible after your rental property accident to ensure your rights are protected. Early action also helps preserve crucial evidence like correspondence with landlords, maintenance records, and witness memories.

At Stacks Goudkamp, we can assess your specific situation and advise on applicable time limits for your rental property injury claim.

At Stacks Goudkamp, we handle rental property injury claims on a No Win, No Fee basis, meaning:

• You pay no legal fees unless you are successful in your claim
• Success means either winning your case in court or accepting a settlement offer
• We advance all expenses incurred during your claim
• These expenses are itemised and form part of settlement negotiations
• A large percentage of your legal costs will be recovered from the insurer/defendant if successful

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding case expenses. We cover investigation costs, expert reports, court fees, and other expenses ourselves, ensuring you don’t face financial burdens while pursuing your rental property injury claim.

Your legal fees and our No Win, No Fee agreement will be explained in detail at the outset of your case, so you understand the process completely before proceeding.

The vast majority of rental property injury claims resolve without requiring a court hearing. Currently, well over 90% of these cases settle before reaching court.

Rental property injury claims can be resolved through:

• Direct negotiations between lawyers
• Formal settlement conferences
• Mediation with independent mediators
• Pre-trial settlement discussions

Court hearings are only required in rare instances where:

• You’re not satisfied with the defendant’s settlement offer
• Liability is strongly disputed by the landlord or property manager
• There are complex legal or factual issues requiring judicial determination
• You believe you can achieve a better result through court proceedings

At Stacks Goudkamp, our experienced personal injury lawyers work diligently to achieve fair settlements without the stress and uncertainty of court proceedings, while always being prepared to represent you in court if necessary.

1. Seek immediate medical attention for your injuries
2. Report the accident to your landlord and property manager immediately
3. Take photographs of the hazard, accident scene, and your injuries before any repairs
4. Collect contact details from any witnesses
5. Keep all medical records and receipts related to your treatment
6. Document how your injuries affect your daily activities and work
7. Preserve any previous correspondence about the hazard (emails, text messages, letters)
8. Don’t admit fault or sign any documents without legal advice
9. Contact Stacks Goudkamp for expert legal advice as soon as possible

• Hazardous conditions are often repaired quickly after accidents
• Correspondence with landlords provides important evidence of prior knowledge
• Witness memories fade over time
• Medical evidence is strongest when injuries are promptly documented

You may still be entitled to rental property injury compensation even if you were aware of a hazard, depending on the specific circumstances. NSW law recognises that tenants may have limited options and that landlords retain responsibility for repairs.

Factors courts consider include:

• Whether you had reasonable alternatives to continuing your tenancy
• The severity and obviousness of the hazard
• Whether you complained to the landlord about the hazard
• How long the landlord had to address the problem
• Whether temporary safety measures were possible
• Your ability as a tenant to fix the problem yourself

You may still have a valid claim if:

• You reported the hazard to your landlord but they failed to repair it
• The hazard was not as obvious or dangerous as it appeared
• You had no reasonable choice but to continue living there
• The landlord assured you repairs would be completed
• You took reasonable precautions but the hazard remained dangerous
• The hazard violated building standards or safety regulations

Even if your compensation is reduced for contributory negligence, landlords cannot avoid their fundamental obligations to provide safe rental accommodation by claiming tenants should have moved out.

At Stacks Goudkamp, we assess each case individually and can advise how awareness of hazards might affect your rental property injury compensation claim while ensuring landlords remain accountable for their legal obligations.