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Injured While at a Rental Property or Holiday Home

If you sustain serious and permanent injuries at a rental property, you may be able to make a public liability claim under the NSW Civil Liability Act.  You need to have an injury which is serious, permanent and effects the ability for you to live your normal life.

If you are one of the many thousands of people in NSW who rent a property or are renting a holiday home, you have a right for that home to be safe, secure, and maintained for the duration of the rental agreement. If someone is injured in a rental or holiday home, it may be possible to make a public liability claim against the owner/landlord.

Tenants Rights and Responsibilities

If you sustain serious and permanent injuries at a rental or holiday home, you may be able to make a public liability claim under the NSW Civil Liability Act.  You need to have an injury which is serious, permanent and effects the ability for you to live your normal life.

Depending on the facts of your case and what caused your injuries, you may have a claim against any or all the following: –

1.     Your landlord

2.     An owner’s corporation

3.     A property manager or agent

4.     Tradespeople

If you have sustained an injury, you should immediately notify the property manager or agent of the incident, how it occurred and the injuries you have sustained.  You should also immediately seek medical treatment for your injuries.

It is also important that as a tenant, if there are dangerous aspects of the premises, that these are brought to the attention of the property manager and landlord as soon as possible, in writing.

Rental Owner and Landlords Rights and Responsibilities

There is no general duty on an owner to inspect the property to find hidden dangers or defects that are not either already brought to their attention or not clearly visible to the person renting the home.

For example, if a defect in a balcony rail which is not visible to the homeowner on a general inspection, collapses and causes injury it would not give rise to a claim against the owner as the law does not require the owner to conduct regular safety inspections to pick up hidden dangers.

The owner owes a duty to take reasonable care for the safety of tenants and visitors, but that duty is only that of a reasonable person.

At the beginning of a lease, you should inspect the property.  If you find any aspects of the property are dangerous, you should alert the managing agent immediately and request the necessary repairs to make it safe. This should be done in writing.

You should keep a note of all correspondence and communications with the property manager or landlord in relation to any complaints about any dangerous or safety issues with the property.

The law requires that the owner must take reasonable steps to ensure the safety of its property and its tenants but only in circumstances where: –

1.     The property is in some way defective, and this is obviously dangerous.

2.     The owner (or their representative) knew or should have known about the defect; and

3.     No timely or reasonable action was taken by the owner or their representative to repair the defect and prevent the risk of injury.

To be successful in a claim therefore, the owner must know of the dangerous condition of the property, or they should have known of the defect because it was so obvious.

Types of Rental Home Injury Cases

There are many ways in which a property may be unsafe, such as:

1.     Rotten or broken floorboards

2.     Problems with stairs and steps

3.     Failure to provide proper handrails

4.     Dangerous paths and paving

5.     Unstable balconies and balustrades

6.     Inadequate lighting on the property

How to Make a Claim

If you have sustained an injury whilst at a rental or holiday home, you should take the following steps before contacting a lawyer: –

1.     Immediately alert the property agent of the incident and the injuries you sustained.

2.     Seek medical treatment straight away and explain how your injuries occurred.

3.     Keep all emails or letters sent to the landlord or property agent in relation to the defect in the property.

4.     Keep records and receipts of all your medical and related expenses incurred.

5.     Take photographs of the defect which caused your injury.

6.     Do not try and fix the property without notifying the landlord and obtaining approval.

If your injuries are serious and permanent, you should contact Garling & Co Lawyers to discuss the possibility of making a public liability claim.

Generally, you have three years from the date in which you knew or ought to have known you had a right to make a claim against the owner.  You should therefore always contact a Lawyer and obtain advice well within three years from the date of your injury.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
READ ALL TESTIMONIALS

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Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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