Who is responsible for your safety while you are a tenant?
Landlords and/or managing agents
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.
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.
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?
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:
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.