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WA Duty of Care to Ensure Safety of Property?

Discussion in 'Personal Injury Law Forum' started by Nectarivorous, 14 November 2016.

  1. Nectarivorous

    Nectarivorous Member

    14 November 2016
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    I have been badly burned by hot water in a rental property. I have checked the heater thermostat, and for some reason, it has been set at 80 instead of the required 60, in spite of the fact that anything above 70 will cause 3rd degree burns in less than a second. Do I have any recourse whatsoever? Do landlords and agents have any duty of care to ensure safe conditions in the property, or to make tenants aware if such a high temperature has been set?

    I have lost two weeks of work as a result, not even taking into account pain and suffering. Any help greatly appreciated - thanks!
  2. Iamthelaw

    Iamthelaw Well-Known Member

    13 September 2016
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    Yes there is a duty, at common law, on landlords to ensure safety to the property and it's contents. This extends to the people renting, neighbours and public etc. ie, the landlord must ensure that no injury is caused to the person renting from them neglecting their responsibilities.

    You should seek legal advice in regard to your specific case.
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  3. Complex16

    Complex16 Well-Known Member

    27 July 2016
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    Firstly I'm sorry to hear that you have been badly burned :-( Secondly, yes the landlord has a duty to provide a property that for all intents is "fit for purpose". Are you able to establish at all that the agent and/or landlord was aware of an issue with the thermostat prior to you sustaining the burns? Does the agent conduct routine inspections?

    Whilst at common law they do owe you a duty as a tenant, the onus is on you to show that they have breached that duty and it is the breach of this duty that has resulted in your injury/ies.

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