In approximately 2011, our client moved into rental accommodation, having planned to commence her retirement on the Coast of NSW.
Shortly after moving in, our client continued to make complaints to the landlord and property manager due to fears that as the large overgrown tree in her backyard was dead, she would have ongoing falling branches.
In around 2018, the tree was finally cut down however the stump was not removed and left protruding in the backyard. The arborist who removed the tree advised that he only had instructions to cut the tree down and not to remove or grind down the stump. Following the tree being cut down, our client again approached the property manager and owner to advise them that the stump had not been removed or ground down.
Four months later, our client was in the backyard undertaking gardening maintenance, when her right foot tripped on the stump causing her to fall forward sustaining significant injuries.
An expert liability report was obtained from a senior Arborist who concluded that with the likely cost of the stump removal being under $250 or other control measures put in place, the trip hazard could have been avoided.
Given the supportive expert report, our firm commenced proceedings against both the owner of the property and the property manager claiming that both parties owed a duty of care to provide a safe rear yard for our client to reside in.
Our firm was able to successfully bring claims against the owners of the property as well as the property manager. We were able to secure our client $80,000.00 by way of negotiations outside of a Court Hearing.
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