Rental property
accident lawyers

Rental accident compensation claims

If you are injured because of the action or inaction of your landlord or agent, we can help you claim compensation through the civil court process.

Why Maurice Blackburn?

Maurice Blackburn has been resolving these types of public liability claims for nearly 100 years. Our team understands every aspect of the process and can help you through it.

We also offer 'no win, no fee'* arrangements for these types of cases, which means that you don’t have to pay for our legal services if we don't win.

Maurice Blackburn Lawyers has offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia.

Contact us today to find out how we can help.

Barbara’s story

Barbara was at a friend’s rental home when the balcony collapsed. She dislocated her shoulder and needed surgery. We helped her earn $220,000 in compensation.

All you need to know about public liability

You have the right to be safe when you’re in a public place. If you have been hurt as the result of another person or organisation’s negligent behaviour you may be able to make a public liability claim for compensation.

Frequently Asked Questions

Can I make a rental accident compensation claim?

You may be eligible to claim rental accident compensation if you have been injured because of the action or inaction of your landlord or agent.

Your rental accident compensation claim will vary greatly depending on your location and the nature of your injuries. Generally your rental accident compensation claim will cover things like:

  • medical costs (including past and future costs)
  • lost income (including past and future costs)
  • pain, suffering and loss of enjoyment of life
  • home help and attendant care

What types of accidents can I make a rental accident compensation claim for?

You may be able to claim rental accident compensation if the landlord or agent did not meet their duties outlined in the tenant agreement and if they failed to address previous complaints made. You can make a claim for pain and suffering, physical injury or the death of someone close to you.

Who can I claim rental accident compensation against?

Anyone who has caused or contributed to your accident or injury may be found legally liable and required to pay compensation. They may even be liable for the actions of others if the location of your accident is under their control.

A person’s own home & contents insurance covers public liability if an accident occurs at a private residence.

If you want to make a personal injury claim against a current or former landlord in the civil court system, you'll want to talk with an experienced public liability lawyer. Many claims against landlords are covered by the Residential Tenancies Act and are handled through administrative claims tribunals.

For more information on the types of claims you can make, you can read more about renter's recourse.

Can I represent myself when making a rental accident compensation claim?

Yes. However, rental accident compensation law is complicated. Each state and territory has its own laws that apply to public liability cases. Recent changes in the law have made it more difficult to prove negligence if you are injured as a result of an 'obvious hazard'.

It's important to get help from someone who understands the complexities of rental accident compensation law, with experience in your area. Maurice Blackburn Lawyers has all the resources and experience that come with being a national firm.

Contact us today to find out how we can help you.

How do I make a rental accident compensation claim?

To make a successful rental accident compensation claim, you need to be able to prove that:

  • you were owed a duty of care
  • that duty of care was breached
  • it could be predicted that this breach would lead to injury or damage

How long do I have to make a rental accident compensation claim?

Time limits vary under the different state and federal laws. It's important to report your injury to the compensation authority as soon as possible, once you've become aware of your injury. You must make a claim within three years from the date of your accident.

If you think you have a public liability claim, you should:

  • seek medical treatment and tell your doctor how you were injured
  • keep a copy of the incident/conditional report
  • keep records and receipts for any wages lost and for medical and related expenses, including the dates of medical consultations
  • take photos of the injuries and where you were injured (where possible)
  • contact us to discuss your claim

What settlement can I expect for my rental accident compensation claim?

Your rental accident compensation claim may cover:

  • medical costs (including past and future costs)
  • lost income (including past and future costs)
  • pain and suffering
  • suffering and lost enjoyment of life (however, there is a cap on what you can claim for pain and suffering)
  • home help and attendant care

How long does a rental accident compensation claim take?

Your rental accident compensation claim and the legal process may take up to several years, especially if you have to wait for injuries to stabilise.

When is duty of care breached?

Duty of care may be breached when the occupier or operator of a space or premises is negligent in their duty to care for your safety in entering and using that space.

What could I be entitled to if duty of care is breached?

You may be entitled to sue the occupier or operator of a space or premises for any accidents or injuries that are caused by their negligent behaviour. This is known as a public liability claim.

No win, no fee*

Our public liability lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

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