Public Liability injuries from Rental Property Accidents may arise either from the action of the others present, inadequate control, management of the activity, defective premises, or defective equipment. Public liability lawyers can handle insurance and compensation claims for a wide range of public/private area related injuries.
Check to see if you are entitled to an insurance payout or compensation. If you have a question, please get in touch with our team.
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Rental Property Accidents can cause permanent injury. If you are unable to work due to sickness, disability, or a permanent injury resulting from the accident, you may be entitled to claim compensation through your super as a Total and permanent disability (“TPD”) or income protection claim.
The owners of rental properties also owe a duty to a tenant and visitors to take reasonable care for their safety who foreseeably enter onto the property.
The owner is not liable for defects in the premises of which he or she is unaware and in respect of which it would have been unreasonable for them to have inspected to become aware.
Suppose an owner or property manager is aware of a defect which could reasonably foreseeable result in an injury. In that case, the owner can be liable for the injury that which results if the hazard is not rectified.
At the commencement of any residential tenancy, the owner (or property manager on the owner’s behalf) and tenant are required to complete a report on the condition of the premises. This is a statutory obligation which arises under laws relating to residential tenancies. If any defect is notified in that report and that defect eventually causes an injury, the owner may be liable as a result. The same will apply if a tenant has brought a defect which subsequently causes an injury to the owner’s attention .
In both cases there must of course, have been a reasonable time interval which would have allowed the owner or property manager to have completed the repairs.
It may be easier to establish that the landlord was or ought to have been aware, of a defect existing before the commencement of the tenancy than one which arose later.
Where a landlord has engaged a competent contractor to carry out work on the premises and such action is defective, the owner is unlikely to be liable to the tenant for any loss resulting from that contractor’s breach but the contractor may itself be liable.
These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002. The Civil Liability Act 2003 limits liability for “obvious risks” and “dangerous recreational activities”. If you are unsure where to start, contact our expert public liability lawyers who will give you advice.
At our initial consultation, we can give you more information about the claim process and discuss the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.
We will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the accident and subsequent to it.
At the same time, we will also collect employment and income records so that a complete before and after pictures can be painted.
Once we obtain all relevant medical records, including reports from your treating doctors, we will get an independent medical expert opinion as to the extent of your injury.
From those reports, we will formulate how the Rental Property Accident has impacted you and your family at work and at home.
If the investigation results satisfactorily, we will then lodge your insurance claim where possible and if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.
We will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your claim settlement.
Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.
If your claim has not been resolved at this stage, we will file proceedings in court to help you get the compensation to which you are entitled according to law.
TPD and other insurance applies.
Rental Property owners and property managers will be liable in compensation to an injured tenant or other person if they have failed to exercise reasonable care.
Every situation is different. For TPD and other insurance, this depends on your particular policy. In compensation claims, we need to carefully consider:
The amount of insurance you are entitled to is based on a comparison of how your life was before and after the accident.
Assuming the owner or property manager can be held liable for the accident, your damages will depend on whether the injury has had a significant effect on your quality of life (work, psychological, physical). The greater the extent of injury and its effect on income earning capacity, the greater the compensation entitlement.
It is crucial that you:
Engaging an experienced public liability lawyer who specialises in Rental Property Accident claims can make the process easier, more efficient and more likely successful for you.
It is essential to always speak to an expert compensation lawyer about your situation. Your financial position should not prevent you from seeking legal advice in regards to an injury received through no fault of your own.
Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ service in many cases.
We service all of Australia in relation to Rental Property Accident insurance and compensation claims.
Rental Property Accident injuries may arise either from the action of the other participants, inadequate control, management of the activity, defective premises, or defective equipment.
Our compensation lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method
Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.
Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.
Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .
The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.
Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.
After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.
If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.
Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.
We will secure the services of a barrister who will also offer No-Win No-Fee terms
Have any questions? Call us: