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Failure to Repair Leak - Fell Down the Stairs - Who is Responsible?

Discussion in 'Personal Injury Law Forum' started by Shane Hathaway, 5 June 2014.

  1. Shane Hathaway

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    My wife's housing commission house had a a water leak from the roof to front steps. They were supposed to fix months ago. Water causes surface to become slippery. We usual clean every week for our own safety but we forgot last week and yesterday I fell down 4 stairs after slipping on what looks like moss. Have injured lower and middle back. What can I do under Personal Injury Law? Who is responsible?
     
  2. HarrietJ

    HarrietJ Well-Known Member

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    Hi Shane,

    I was able to find some information online that might help you out. I found a summary of a court case where a woman sued her landlord after she fell down a flights of stairs and became a paraplegic. The stairs did not meet the Building Code of Australia (BCA) standards, however "the landlord did not have knowledge of the defects nor could the landlord have reasonably been expected to identify the defects." The injured woman lost the case.

    You might be able to hold the Department of Housing liable for this because you have requested they fix it. The following was mentioned in the Judge's findings:

    "For liability to attach to a landlord, it is necessary to show that the premises are defective and that the landlord knew or ought to have known of that defect."
    (http://www.cgw.com.au/publication/a...lity-for-injury-caused-by-defective-premises/)

    If I was you, I would head to the doctors, take lots of photos, and find a lawyer.
     
  3. Shane Hathaway

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    Thanks heaps. There has been numerous request and pictures taken by housing of the broken gutter and roof. They done nothing. I think their failing to fix this makes them liable in some way. Not to mention the fall hurt like hell. I will be attending to doctor and looking for a lawyer.
     
    HarrietJ likes this.
  4. HarrietJ

    HarrietJ Well-Known Member

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    Goodluck! :)
     
  5. John R

    John R Well-Known Member

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  6. Shane Hathaway

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    Thanks. I will contact one Tuesday. I will contact the names supplied to me thanks.
     
    John R likes this.

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