SA Back injury claim on private property

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Timnuts

Well-Known Member
7 April 2016
57
8
224
Hi whilst in recovery and still on rtw support payments
I was with a friend and renting a property for the past year due to my divorce and Family problems
On day one of the lease agreement we ran into some plumbing issues which over the course of the week got recommended to the landlord and property management that it need to be fixed.
This was corrected but the hole that was made by digging and finding the problem was not filled in due to cost factors I'm guessing .
I have voiced my appion on this issue from day one and the hole still remains a year later.
My issue is

On a late night trying to relaxe my back with a hot bath the hot water Spindale tap had broke off being very old in age
I had just had 3 faccet joint injections on my left hand side of my back the day prior and was a tad stiff still
The night in question the back door does not have any lighting and I would not use the back path on principal I new there was a hole that should have been filled by owner .
But as I needed a tool to try and stop the water flowing over the bath and into the house I did with out thinking and with no lighting I fell in the hole and hurt my back by twisting it and sprained my right knee this was documentated to the specialist the next day when I had to have the other 3 faccet joint injections done to my back on the right side

My question is can I Sue the landlord on the information provided for public liability
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,788
928
2,894
Possibly. Best to see a no win/no fee injury lawyer. At a minimum you'd likely have your expenses paid.
 
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Graeme Kirkham - LawCall

Lawyer
LawTap Verified
17 May 2017
8
1
31
Hi whilst in recovery and still on rtw support payments
I was with a friend and renting a property for the past year due to my divorce and Family problems
On day one of the lease agreement we ran into some plumbing issues which over the course of the week got recommended to the landlord and property management that it need to be fixed.
This was corrected but the hole that was made by digging and finding the problem was not filled in due to cost factors I'm guessing .
I have voiced my appion on this issue from day one and the hole still remains a year later.
My issue is

On a late night trying to relaxe my back with a hot bath the hot water Spindale tap had broke off being very old in age
I had just had 3 faccet joint injections on my left hand side of my back the day prior and was a tad stiff still
The night in question the back door does not have any lighting and I would not use the back path on principal I new there was a hole that should have been filled by owner .
But as I needed a tool to try and stop the water flowing over the bath and into the house I did with out thinking and with no lighting I fell in the hole and hurt my back by twisting it and sprained my right knee this was documentated to the specialist the next day when I had to have the other 3 faccet joint injections done to my back on the right side

My question is can I Sue the landlord on the information provided for public liability
There certainly may be a basis for a claim against the landlord. Hopefully the landlord has an insurance policy on the home, which provides cover for public liability. Most landlords would have. A lot depends on all the background circumstances. The landlord certainly has a duty of care to you, which is likely to have been breached. Of course, if a contractor engaged by the landlord to do the works, failed to fill in the hole, I anticipate the landlord or his insurer will seek a contribution from the contractor. We offer a free first initial consult, and accept cases on a no win no fee basis. I would be happy to talk to you.
 
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