Rental property injury claims
There are millions of renters in Australia, and we all have the right to feel safe and secure at home.
Landlords have a duty of care to their tenants to ensure the rental property is safely maintained. If you’ve been injured in your rental, you may be able to claim compensation.
What you need to know
Your landlord has to ensure that rented premises are provided and maintained in good repair, and in a fit and suitable condition for living.
If your landlord fails or delays to act once they’ve been notified of issues, this can cross into negligence.
Generally, 3 years from the date of injury but this varies by state.
Getting advice early may help avoiding missing claim deadlines.
Our No Win, No Fee lawyers help you access the justice you’re entitled to. Under this arrangement, you won’t be charged legal fees unless we win your case.
You may still be liable for third party costs and disbursements.
It needs to be proven that your landlord’s negligence and failure to meet their duty of care caused your injury.
You may be entitled to compensation if you can establish that your landlord was on notice, or ought to have been on notice, of a hazard, and failed to take reasonable precautions to address that hazard.
What types of landlord negligence can I claim for?
If you’ve been injured because your landlord failed to keep your rental safely maintained, you may be able to make a compensation claim.
Negligence examples include:
Content
Leaks
Structural defects
Cracked or broken flooring and stairs
Broken handrails, steps or stairs
Faulty doors and windows
Defective appliances
Failing to arrange safety checks
Faulty wirings
Unsafe gas heaters, cookers, water systems and carbon monoxide exposure
No smoke alarms or alarms that don’t work
Blocked emergency exits
Not responding to tenants’ complaints
Careless repairs which create new hazards
Do I need a lawyer for renters’ compensation?
A rental injury lawyer can assess your situation and explain your options when it comes to compensation.
It can be important to speak to a lawyer if:
You’ve suffered a serious injury
Your landlord or insurers denies responsibility
You’re unsure if you have a claim
A lawyer knows how to gather the right evidence, deal with the insurer and push for a fair outcome.
While you focus on getting better, your lawyer can manage deadlines, negotiations and paperwork, and work to recover compensation for medical bills, lost income, pain and suffering and any help you now need at home.
Entitlements
Our experienced public liability lawyers can guide you through the process to help ensure you get your entitlements, including:
Medical and rehabilitation expenses (hospital fees, physiotherapy, psychology, occupational therapy)
Medications and medical equipment
Rehabilitation programs or pain management courses
Pain, suffering and loss of enjoyment of life
Care and assistance (support workers, personal care and household tasks)
Check if you have a Public Liability claim
It doesn’t hurt to ask. Find out if you’re eligible for a public liability claim in just 3 minutes.
What to expect
We’ll give you further information and organise your obligation free initial appointment. This gives you the opportunity to find out more about your claim and discuss your options so you can make the best decision for you.
Your legal team will gather evidence, obtain reports, organise meetings and schedule appointments. Rest assured, you’ll be involved every step of the way.
Your legal team will organise an examination by an independent medical professional to establish your entitlement to pain and suffering or loss of enjoyment of life damages.
We’ll support you at every step of your journey to help get you the compensation you’re entitled to so you can move forward with your life. While it’s rare for cases to proceed to court, you can be confident of your legal representation, including a specialist barrister if required.
How we can help
Our experienced lawyers can guide you through every stage of a rental injury compensation claim. If needed, we can represent you in court and keep you informed throughout the process. We will also discuss your funding options clearly, in line with our costs and disclosure obligations.
Beyond our legal expertise, we have other ways to support you through this difficult time.
We are the original No Win, No Fee* Public liability lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
Frequently Asked Questions
Yes, a tenant may be able to claim compensation if they are injured because the landlord failed to keep the property reasonably safe. Typical cases involve hazards such as broken stairs, loose carpets, leaks or structural issues that were not properly repaired.
The usual steps include:
reporting the incident in writing
getting medical treatment and records
gathering photos and witness details
seeking legal advice.
A lawyer can prepare the claim, deal with the landlord’s insurer and negotiate compensation, and if needed start court proceedings before time limits expire.
In most rental injury claims you need to show the landlord was negligent: they owed you a duty of care, breached it by failing to act reasonably, and that failure caused your injury. Evidence such as emails requesting repairs, inspection reports, photos and medical records is important.
Landlord negligence lawyers
Meet our team of experienced lawyers that can help you if you’ve been injured in your rental.