Rental Property Injury Compensation

Injuries can happen anywhere including in your own home or rental property. If you have been injured in a rental property you may be entitled to compensation.
Our lawyers at Stacks Goudkamp have successfully brought claims for injuries arising from accidents occurring on rental properties including:

Who is responsible for your safety while you are a tenant?

Landlords and/or managing agents

The landlord, otherwise known as the owner of your rental property, owes you a duty of care throughout the time that you are residing at the property owned by them. This duty arises under statute including the Civil Liability Act 2002 (NSW) and the Residential Tenancies Act 2010 No 42 (NSW), but also under the common law.
There are some circumstances where a landlord may enter into a management agreement with a real estate agency. The intended effect of this arrangement is to ‘transfer’ the obligations of the landlord to the real estate agent or the property managers to avoid liability for any acts or omissions throughout the lease.

In some cases, whether the landlord in fact effectively transfers those obligations is highly contested. This is a legal question that requires an examination of the evidence, including any contract between the landlord and the real estate agents. It is not uncommon for both the landlord and real estate to be found liable for the injuries sustained by tenants.

Owners Corporation

Accidents occurring in apartment complexes may result in the Owners Corporation being liable for the accident. The Owners Corporation is a legal entity that is charged with the responsibility for the management, maintenance and repair of the common property comprising property in a strata scheme.

Trades People

There are instances where tradespeople are engaged to complete repairs which are not performed adequately or effectively. In those circumstances, these individuals and companies may be liable for any injury sustained as a result of that inadequate or ineffective repair.

What are my rights?

As a tenant, you have rights including but not limited to:

Who owes you those rights will be determined on a case-by-case basis as explained above.

If you are injured as a result of a rental accident and can establish that someone is at fault for your injuries, you may be eligible for compensation.

What compensation could I be entitled to receive?

Each compensation claim is unique and we will always advise you on your entitlements. However, an injured person who can establish negligence per the Civil Liability Act 2002 (NSW) may be entitled to:

1. Pain and suffering: this head of damage relates to losses that are not capable of precise mathematical calculation. Traditionally, this has included pain and suffering, loss of amenities, disfiguration, loss of life expectancy and loss of enjoyment of life. Section 16 of the Civil Liability Act 2002 (NSW) sets out the threshold you must meet to qualify for this head of damage and also sets out a statutory maximum.
2. Care and domestic assistance: this head of damage encompasses any personal care (such as assistance with dressing and showering) and domestic assistance (help with the gardening, cooking, washing etc) that you have needed in the past and will need in the future due to the injuries you sustained in your accident.
3. Past and future voluntary (unpaid) care: in order to claim for ‘gratuitous’ (or unpaid care often provided by family members), you must satisfy the statutory threshold provided by Section 15 of the Civil Liability Act 2002 (NSW) The care must be provided for at least 6 hours per week for at least 6 consecutive months.
4. Paid care: A claim may be paid for both past commercial care (this is care such as cleaning and nursing that you have been required to pay for) and for future commercial care. The care must be reasonable and necessary and usually requires support in the form of evidence from medical practitioners.
5. Past and future out-of-pocket medical expenses: Past out-of-pocket expenses include any reasonable expenses you have incurred for treatment, medication and travel due to your injuries. These expenses should be evidenced by receipts and medical evidence. Future out-of-pocket expenses relate to the treatment you will require into the future such as physiotherapy, further surgery, medication etc. Again, claims for future treatment must be supported by medical evidence.

6. Past and future economic loss (i.e loss of earnings and earning capacity): if you were employed at the time of the boating accident and could not work at the same capacity as before your accident or at all, you are entitled to claim for past economic loss. This includes any lost wages, bonuses, over-time and superannuation that you forwent due to your injuries. Future economic loss takes into account the ongoing effects of your injuries on your ability to perform your pre-accident duties, future employment prospects and any loss of earning potential you suffer due to your accident.

What should I do if I am injured?

We recommend that you immediately alert the landlord and real estate agent if applicable. You should describe how the accident happened and outline the injuries you sustained.
You should take photographs of the cause of your accident before any repairs are conducted. It is helpful if you note the date and time at which they were taken.
You should collate any previous correspondence to or from the landlord about the cause of your accident i.e. any emails complaining about the state of a fixture.
You should keep records of any of your losses including receipts and claims for sick pay. You should also compile any medical reports for your expert lawyer to consider.

What do I do next?

Contact your local team for a personal consultation to find out if you are eligible to make a claim. Call 1800 251 800 or contact us today.
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I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.

- Andrew and Family
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