Can I claim compensation if I was injured in a rental property?

Can I claim compensation if I was injured in a rental property?

As a renter, it is reasonable to expect that the property you are renting is safe. But accidents do happen, and you may be entitled to compensation if you can prove your injury was caused by the fault of someone else.

In a public liability claim the person responsible for your safety is liable to pay compensation for your injuries. To avoid this personal risk, some landlords purchase landlord insurance. Tenants can purchase contents insurance that also covers public liability claims.

Serious injuries can occur on properties where there is a hazard or a structural issue, but it is not enough to simply establish that you were injured. To claim compensation you must prove:

  1. the premises you visited were unsafe; and
  2. this caused you to suffer an injury; and
  3. you have suffered an injury or loss of the required standard.

Tenants can potentially claim against their landlord for injuries suffered in a rental premises. Injured tenants need to establish that their injury was caused because part of the premises was unsafe and the landlord knew, or ought to have known, yet did nothing to repair it. Tenants will find it easier to make a claim against their landlord if defects in the property were previously reported.

A claim can also be made against a tenant. If a person visiting a tenant was to slip on a wet floor - that could be the fault of the tenant, not the landlord.

If you've been injured and it was more than just an accident, call one of our friendly lawyers on (03) 9321 9988 for a free, no obligation assessment of whether you might be able to make a claim.

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If we proceed with a claim you only have to pay legal costs if we are successful in getting you compensation.

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