Northern NSW tenant succeeds in his public liability claim receiving $250,000 in compensation as a result of a fall in a rental property

Published 09 Aug 2018

Our Firm was approached by a middle aged man who suffered injury as a tenant in a rental property in Northern NSW. The premises was managed by a real estate agency pursuant to a residential tenancy agreement.

Our client was a lawful entrant on the premises pursuant to the lease agreement signed between the parties. Whilst our client was living in the premises, he went outside onto the deck and fell through the timber decking due to the rotting timber floorboards. As a result our client sustained significant injuries to his right leg and right lower back.

Once we were retained under our No Win No Fee Personal Injury Compensation Cost Agreement we took care of all cost associated with preparation of our client’s claim including obtaining all expert medical reports and liability evidence.

The claim was made against the owner of the residential premises, the real estate agent who had control and management of the premises and also the licensed carpenter who was retained by the owner to inspect and fix the deck prior to the subject accident.

We argued that the Defendants warranted to our client that the premises was reasonably safe, was in a reasonable state of repair and they were negligent as they failed to take reasonable care to prevent injury to our client. In addition, we argued that the Defendants failed to adequately repair and replace the deck in circumstances where the Defendants knew of the danger, by way of multiple complaints made by our client that the outside deck was unsafe and was in need of urgent replacement.

Our client claimed damages in negligence including pain and suffering, treatment expenses, past domestic care and assistance and future domestic care and assistance which were all substantiated by way of medical evidence prepared, filed and served in the proceedings.

The matter was listed for a lengthy hearing before the court. We were not satisfied by the offer provided by the Defendant and pressed our submissions that based on the evidence provided, our client was entitled to a higher sum. The Defendants agreed to settle our client’s claim on the first day of the hearing with the assistance of one of our expert personal injury barristers. Our client was very thankful and very appreciative of our assistance to help him move on with his life.

If you have suffered injury and believe that someone else’s negligence may be the cause, please contact our expert personal injury compensation lawyers for free advice or to arrange an obligation free consultation on 1800 004 878.